THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2014-0313, David Jackson & a. v. Richard Mason, the court on February 13, 2015, issued the following order:

Having considered the brief and record submitted on appeal, we conclude that oral argument is unnecessary in this case. See Sup. Ct. R. 18(1). We vacate and remand.

The plaintiffs, David Jackson and Constantina Richards (tenants), appeal an order of the Circuit Court (Introcaso, J.) denying their petition under RSA 540-A:4 (Supp. 2014) against the defendant, Richard Mason (landlord), because they were “in arrears on rent.” The tenants contend that “a tenant being current with rent is not a prerequisite to said tenant initiating and making out a claim under RSA 540-A:4.” RSA chapter 540-A (Supp. 2014) does not explicitly require a tenant to be current with rent in order to file a petition under RSA 540-A:4. No party cites, nor are we aware of, any authority requiring a tenant to be current with rent in order to file a petition under RSA 540-A:4. Therefore, we vacate the trial court’s order denying the tenants’ petition and remand for further proceedings.

Vacated and remanded.

Dalianis, C.J., and Hicks, Conboy, Lynn, and Bassett, JJ., concurred.

Eileen Fox, Clerk