N.H. Supreme Court: Landlord can't shut off cable
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The Associated Press - Published: October 31, 2009
CONCORD, N.H. — The New Hampshire Supreme Court on Friday ruled that cable television is a protected utility service under state law that can't be shut off during landlord-tenant disputes.
The court, in a unanimous ruling, sided with Christopher Lally, who faced eviction last year.
Lally rented an apartment from Lauren Flieder as a month-to-month tenant for about two years, according to the opinion. There was no written lease agreement and, in June 2008, they agreed he'd stop being a tenant at the end of that August.
On July 31, Lally paid for August but told Flieder he wasn't moving until the following summer. She gave him an eviction notice that day requiring him to leave by the end of August.
Lally stayed. On Sept. 2, Flieder filed paperwork seeking unpaid rent and a court order for Lally to move out. Six days later, she ended his cable TV service.
The law says no landlord shall cause the interruption or termination of any utility service to a tenant, "including, but not limited to water, heat, light, electricity, gas, telephone, sewerage, elevator or refrigeration," except for repairs or temporary emergencies.
"Indeed, many people access essential telephone service, the Internet, news information and entertainment by way of cable," the court wrote. "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."
The court sent the case back to the trial court for further review.
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