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Residential Evictions

Reviewed 12/02/2022

Case No. 2022-0368, ARAA West Side Holdings, LLC v. Eric Bresett & a.,

Update: 5/8/2023

In the news this week is the case of two Manchester, NH tenants who went to the NH Supreme Court without a lawyer and were successful in having the decision in their eviction case vacated and remanded to the District Court.  The news article in the May 8, 2023 issue of the New Hampshire Union Leader refers to two people, Crystal Soto and Audrey Rackliff, but as you look at the title of the case above, you don't see either of those names. That makes the case difficult to find so we've posted it here. The name of the case was taken from the original Landlord And Tenant Writ filed in District Court which in turn seems to have come from the original eviction notice to "Eric Bresett, Crystal Soto, and all other occupants."  Though the Supreme Court case number (also called a docket number) is different, the name of the case remained the same when the appeal was filed. In the court's case management system, Crystal Soto was names as the appellant - the person filing the appeal - in the Supreme Court case. 

In its order, the Court cited RSA 540:13-a Defense to Retaliation and RSA 540:13-b, IV, Evidence of Intent to Retaliate which we've linked to below. 

The Union Leader article also referred to the practice of "renovation evictions" and to a bill in this session of the legislature that would have reformed the practice. That bill, HB 401, was found inexpedient to legislate. The Introduced version of the bill is below.