Wednesday, September 28, 2011

Case of the Week

Harrington v. Metropolis Property Management Group, Inc. (Supreme Court of New Hampshire)

Background: Harrington signed a lease commencing on July 1, 2007, and ending “60 days after written notice has been given.”  In August of 2009, Harrington, angry about the barking of a neighbor's dog, gave 30 days notice and vacated the premise.  The property management company claimed Harrington violated the terms of the lease and retained his security deposit.  Harrington sued to recover the deposit, citing a series of New Hampshire laws indicating that: “30 days' notice shall be sufficient in all cases.”

Holding: "The use of the term “sufficient” in the statute connotes that the legislature intended that thirty days be the minimum period of time necessary for such notice." Nothing in the state's law "prevents parties to a lease from agreeing to a longer notice period than that provided by the statute to secure greater protection for themselves."

Steve Clowney

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