Lally v. Flieder, 986 A.2d 652 (N.H. 2009)

Hey, let’s watch HGTV and get some ideas for the apartment! It’s not like we have to pay for it or anything.

Anyone who has ever been a landlord will think the New Hampshire Supreme Court may have lost its mind. Those who like TV and broadband access a lot may think otherwise.

Awesome apartment with guitars that kick even more ass, yo.

Here’s the story.

A tenant told his landlord that he wasn’t going to pay rent anymore. So the landlord sued for unpaid rent and to get possession of the apartment back. Six days later the landlord disconnected the cable service. Turns out that was a no-no.

The nonpaying tenant countersued the landlord under a New Hampshire law that provides:

No landlord shall willfully cause, directly or indirectly, the interruption or termination of any utility service being supplied to the tenant including, but not limited to water, heat, light, electricity, gas, telephone, sewerage, elevator or refrigeration, whether or not the utility service is under the control of the landlord, except for such temporary interruption as may be necessary while actual repairs are in process or during temporary emergencies.

The trial court ruled in favor of the landlord, finding that cable service was not a protected utility and therefore by disconnecting the service, the landlord had not engaged in unlawful self help.

The tenant sought review with the New Hampshire Supreme Court. On appeal, the court reversed, finding cable service critical to the notion of “habitability.”

The court looked to the language of the statute and found cable service to be like the utilities specifically mentioned. The court observed that the specified utilities “all pertain to the habitability of a dwelling or a person’s well being.”

Right. In the middle of a brutal New Hampshire blizzard, nothing will keep you warm like a hearty dose of the Kardashians. And who doesn’t think the right to surf for porn is every bit as essential to a happy life as not having raw sewage backing up in your kitchen sink.

Apparently the members of the court really like watching TV and surfing the web using a broadband connection:

Modern cable television also pertains to the habitability of a dwelling and a person’s wellbeing. Indeed, many people access essential telephone service, the Internet, news information and entertainment by way of cable. Thus, the unlawful termination of a tenant’s cable television service would be a means of accomplishing a self-help eviction-the very evil the legislature meant to deter.

For these reasons, the court found that the landlord broke the law when it discontinued the nonpaying tenant’s cable service.

*Until the court kicks your ass to the curb.

Apartment photo courtesy Flickr user Jordan Roher under this Creative Commons license.