Evans v. J Four Realty, LLC, 164 N.H. 570

Evans lived in a two-bedroom apartment at the Naturally New Hampshire Healthfully Yours Resort, Inc. for about five years under an informal tenancy-at-will with the prior owner; no written lease.
Respondent purchased the resort at a foreclosure sale in late 2007 and learned of ownership on January 9, 2008, while Evans continued paying rent to the prior owner.
On August 3, 2008, respondent’s agent, with a deputy sheriff and a town police officer, evicted Evans from her apartment by demanding possession and removal of all property the same day.
Evans filed a RSA chapter 540-A claim alleging self-help eviction and seeking damages; the trial court ruled in her favor, awarding damages and costs.
The court held respondent not a "landlord" under RSA 540-A, reversed that aspect, but remanded to allow Evans to pursue a possible common law claim (trespass/harassment) by amendment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether respondent is a landlord under RSA 540-A:1, I.	Evans argues respondent became landlord via foreclosure and post-foreclosure conduct.	respondent contends it did not rent or lease Evans’s apartment, so not a landlord.	No; respondent is not a landlord under the statute.
Whether a purchaser at foreclosure may use self-help to evict a tenant at sufferance.	Greeland rationale supports self-help prohibition when eviction follows foreclosure.	Respondent suggests limited applicability due to hotel-rooms vs. residential unit.	Self-help cannot be used by a purchaser at foreclosure to evict a tenant at sufferance; statutory eviction processes apply.
Whether Evans can pursue a common law claim given RSA 540-A dismissal.	Petition argues additional remedies exist under common law.	Only RSA 540-A was pleaded; common law claim not in record.	Remanded to permit Evans to amend writ to assert potential common law claims.
Impact of tenancy-at-will termination on foreclosure and rights after purchase.	Tenant at will may have protections post-foreclosure.	Foreclosure terminates the tenancy at will; purchaser cannot rely on prior tenancy to shield eviction.	tenancy at will terminated by foreclosure; Evans did not have a lease with respondent.

Hill v. Dobrowolski, 125 N.H. 572 (NH 1984) (tenancy at sufferance following termination of a conventional lease may fall within RSA 540-A)
Greelish v. Wood, 154 N.H. 521 (NH 2006) (foreclosure-era self-help limits; purchaser cannot harass tenant at sufferance)
Atwood v. Owens, 142 N.H. 396 (NH 1997) (distinguishes residential premises protections when use is primarily commercial)
Twelve Oaks Tower I v. Premier Allergy, 938 S.W.2d 102 (Tex. App. 1996) (implied new landlord-tenant relationship post-foreclosure may arise; depends on conduct)
Aspenwood Apartment Corp. v. Coinmach,, 349 S.W.3d 621 (Tex. App. 2011) (foreclosure terminates prior lease; new tenancy may or may not arise)
Snyder v. N.H. Savings Bank, 134 N.H. 32 (NH 1991) (notice requirements for foreclosure and lessee protections)
Wass v. Fuller, 158 N.H. 280 (NH 2009) (interpretation of RSA 540-A; focus on deterrence of landlord misconduct)
AIMCO Props. v. Dziewisz, 152 N.H. 587 (NH 2005) (current version of RSA chapter 540 applies to tenancies at sufferance)
First Fed. Bank, FSB v. Whitney Dev., 677 A.2d 1363 (Conn. 1996) (example of statutory framing of landlord definition)