No Seasonal Exception to RSA 205-A:3 — Continuous Tenancy and 18-Month Change‑of‑Use Notice Required in Manufactured Housing Parks

Dobens v. Fagnant, 2025 N.H. 31 (N.H. July 17, 2025)

Introduction

In Dobens v. Fagnant, the Supreme Court of New Hampshire clarified two pivotal points under New Hampshire’s manufactured housing park statute (RSA chapter 205-A): (1) the 18-month statutory notice requirement for termination due to a “change of use” applies even to seasonal manufactured housing parks; and (2) a tenant’s status in a manufactured housing park is tied to the continuing presence of the manufactured home on the lot, not merely to the tenant’s seasonal occupancy, such that “holdover” tenancy continues while the home remains in the park.

The case arises from the owner’s decision to change a seasonal park’s use from mixed manufactured homes and recreational vehicles (RVs) to RV-only, accompanied by a written notice giving tenants less than four months to remove their manufactured homes. The trial court upheld the owner’s approach, concluding that the seasonal nature of the tenancy ended any entitlement to an 18-month removal period. The Supreme Court reversed, holding that RSA 205-A contains no seasonal exception and that the tenants remained protected because their home remained sited in the park.

The decision has significant implications for park owners and tenants across New Hampshire, especially in seasonal parks: owners must plan change-of-use transitions on an 18-month timeline, and tenants retain statutory protections regardless of seasonal occupancy limits or nonrenewal of seasonal agreements.

Background and Parties

Hills Lakeview Trailer Park & RV Park (Hills Park), owned by the Faye Fagnant 2019 Trust and controlled by trustee Scott Fagnant (the defendant), operates as a manufactured housing park under RSA 205-A:1, II. Hills Park operates seasonally (approximately May 15 to October 15), using seasonal rental lot agreements that are renewed year-to-year.

Plaintiffs Kelly Dobens and Tammy Stockton, as individuals and as co-trustees of the Kelly Dobens and Tammy Stockton Revocable Trust, rented a site in Hills Park on which their manufactured home remained year-round, though their personal occupancy was seasonal.

Between the 2021 and 2022 rental seasons, the defendant decided to change Hills Park’s use to RV-only and declined to renew plaintiffs’ 2022 seasonal agreement, returning their rent check. He nevertheless allowed plaintiffs to use their home for the 2022 season rent-free. On July 7, 2022, the defendant sent a notice to tenants stating that the park would “close its gates on October 31, 2022,” requiring all manufactured homes, RVs, and structures to be removed by that date.

Plaintiffs brought suit seeking declaratory relief, damages for unfair or deceptive trade practices, and attorney’s fees. The Superior Court ruled for the defendant, concluding that plaintiffs were not entitled to 18 months’ notice under RSA 205-A:3 and that the defendant did not violate RSA chapter 205-A or the Consumer Protection Act (RSA 358-A). Plaintiffs appealed.

Summary of the Opinion

The Supreme Court (Countway, J.) reversed and remanded. It held:

RSA chapter 205-A applies to seasonal manufactured housing parks; the statute contains no seasonal exception.
Where a park owner terminates tenancy due to a “change of use,” the owner must give written notice to remove the home within a period of not less than 18 months, in the manner prescribed by RSA 540:5 and by first-class mail (RSA 205-A:3, III).
Tenancy in a manufactured housing park continues so long as the manufactured home remains on the site. Even assuming the tenant’s right to seasonal occupancy ended on October 15, 2022, the plaintiffs remained holdover tenants because their home remained on the lot.
Because the defendant provided less than four months’ notice to remove the home based on a change of use, he violated RSA 205-A:3.
The case is remanded for the trial court to consider, in light of the statutory violation, whether the defendant engaged in unfair or deceptive trade practices under RSA 358-A and whether damages, costs, and attorney’s fees are warranted under RSA 358-A:10.

Detailed Analysis

Statutory Framework and Key Provisions

RSA chapter 205-A regulates manufactured housing parks. It narrowly circumscribes the permissible grounds for terminating a tenancy, including “condemnation or change of use of the manufactured housing park.” See RSA 205-A:4, VI. When a park owner seeks to terminate for a change of use, RSA 205-A:3, III mandates:

“[N]otice in writing to the tenant in the manner prescribed by RSA 540:5 and by first class mail, to remove from the premises within a period of not less than ... 18 months....”

The statute expressly ties the termination framework to the practical reality that a manufactured home must itself be removed, not merely the tenant’s personal effects. The Court underscored this point by invoking Laro v. Leisure Acres Mobile Home Park Associates, 139 N.H. 545 (1995), which recognized that eviction from a mobile home park is different because the home is “evicted” as well.

The definition of “tenant” is broader than traditional occupancy: “Tenant” means “any person who owns or occupies manufactured housing and pays rent or other consideration to place said manufactured housing in a manufactured housing park.” RSA 205-A:1, IV. This definition keys tenancy to the home’s placement in the park, not solely to the tenant’s physical presence inside it.

Rejection of a Seasonal Exception

The defendant argued that the 18-month notice requirement should not apply to “holdover tenants in seasonal manufactured housing parks,” and the trial court agreed, reasoning that the seasonal agreement expired October 15, 2022. The Supreme Court firmly rejected any seasonality-based carve-out:

RSA chapter 205-A contains no text limiting its scope to year-round parks.
Where the legislature has wanted to exempt seasonal or vacation accommodations, it has done so expressly in other statutes (e.g., RSA 540:1-a, IV(b)).
Courts will not read into a statute an exception the legislature did not include. See Appeal of Cover, 168 N.H. 614, 622 (2016); In re Estate of McCarty, 166 N.H. 548, 551 (2014).

This textual approach aligns with the Court’s standard interpretive method: if the statutory language is clear, courts ascribe its plain and ordinary meaning and do not add words that are not there. See Horton v. Clemens, 173 N.H. 480, 483 (2020).

Continuous Tenancy Tethered to the Presence of the Home

The trial court concluded that plaintiffs’ “holdover tenancy” expired when the seasonal occupancy period ended on October 15, 2022, and therefore that no 18-month removal period applied. The Supreme Court deemed this reasoning erroneous for a fundamental reason: in the manufactured housing context, a tenant continues to be a tenant while the home remains on the park lot—regardless of whether the tenant’s right to be physically present inside the home is seasonal.

Applying RSA 205-A:1, IV’s definition of “tenant,” the Court held that plaintiffs remained tenants year-round because their home was sited in the park year-round. Even if their right to occupy the home ended October 15, 2022, they remained “holdover tenants” after that date because the home remained on the lot. The Court cited Laro, 139 N.H. at 548, which recognized holdover status when a mobile home remains in the park after eviction.

This reasoning has a practical and doctrinal consequence: the 18-month notice requirement under RSA 205-A:3 attaches to the termination for “change of use,” and it cannot be circumvented by pointing to seasonal occupancy limits or by declining to renew a seasonal agreement while the home remains on site.

Precedents and Authorities Cited

Horton v. Clemens, 173 N.H. 480 (2020) — Cited for principles of statutory interpretation: examine plain language, avoid adding words not included by the legislature, and refrain from modifying clear statutory terms.
Laro v. Leisure Acres Mobile Home Park Assocs., 139 N.H. 545 (1995) — Emphasized the unique nature of manufactured housing evictions (“the mobile home is ‘evicted’ and removed as well”). The Court relied on Laro both to explain the policy rationale for lengthy notice and to support the conclusion that a tenant remains a holdover while the home remains in the park.
Appeal of Cover, 168 N.H. 614 (2016) and In re Estate of McCarty, 166 N.H. 548 (2014) — Both support the proposition that courts will not infer exceptions into statutes where the legislature has not included them.
RSA 540:1-a, IV(b) — Demonstrates that, when it intends, the legislature expressly excludes seasonal or vacation rentals from certain landlord-tenant constructs; the absence of such an exclusion in RSA chapter 205-A confirms the statute’s application to seasonal parks.

Legal Reasoning: How the Court Reached Its Decision

Textual analysis of RSA 205-A. The Court read RSA 205-A:3 and :4 as plainly applying to any “manufactured housing park,” defined in RSA 205-A:1, II, without regard to seasonality. A “tenancy” terminated for “change of use” must carry an 18-month removal notice, and no statutory language permits an exception for seasonal operations.
Definition-driven view of “tenant.” By tying “tenant” to the placement of the home (RSA 205-A:1, IV), the Court reframed the tenancy question away from personal occupancy rights to the ongoing presence of the manufactured home in the park. Thus, the plaintiffs were tenants year-round, and remained holdover tenants after October 15, 2022, because the home stayed on the lot.
Policy congruent with Laro. The Court’s reasoning coheres with Laro’s recognition that the removal of a manufactured home is uniquely burdensome, warranting longer notice. An 18-month window ensures the practical ability to remove or relocate the home when a park’s use changes.
No judicially created exceptions. The Court refused to construe a seasonal exception into the statute, consistent with general interpretive canons and comparative statutory design (notably RSA 540:1-a’s explicit exceptions in a different context).

Assumptions and Open Questions

The Court stated it would “assum[e], without deciding,” that if a holdover tenancy had expired, the 18-month notice might not be required. But the Court then held that plaintiffs’ holdover tenancy did not expire because their home remained on the lot. Practically speaking, the opinion makes clear that while the manufactured home remains in the park, the tenant’s protections under RSA 205-A persist, and the 18-month notice applies when termination is based on change of use.

Consumer Protection Act (RSA 358-A) on Remand

Because the trial court’s no-violation conclusion under RSA 205-A undergirded its rejection of the Consumer Protection Act claim, and because the Supreme Court found a statutory violation, the case returns to the trial court to evaluate:

Whether the statutory noncompliance constitutes an “unfair or deceptive act or practice” under RSA 358-A in trade or commerce; and
The availability and scope of remedies under RSA 358-A:10, which include damages (and potential enhancement for willful or knowing violations), injunctive relief, costs, and reasonable attorney’s fees to a prevailing plaintiff.

The Supreme Court did not decide whether a violation of RSA 205-A is per se unfair or deceptive. That assessment remains for the trial court on remand based on the facts and the CPA’s standards.

Impact and Practical Implications

For Manufactured Housing Park Owners (including Seasonal Parks)

Seasonal operations are covered by RSA chapter 205-A. There is no seasonal exception to the statute’s protections.
Termination based on “change of use” requires a written notice to remove the home giving at least 18 months, served as RSA 205-A:3 requires (in the manner of RSA 540:5 and by first-class mail).
Owners cannot avoid the 18-month requirement by declining to renew a seasonal agreement or by characterizing occupancy as seasonal. If the home remains on site, the tenant remains a “tenant” entitled to statutory protections.
Transitioning a park’s use (e.g., to RV-only) must be planned on an 18-month horizon for affected manufactured home tenants.
Noncompliance may expose owners to liability under both RSA 205-A and potentially RSA 358-A (including fee-shifting and enhanced damages if conduct is found willful or knowing).

For Tenants

If your manufactured home remains in a manufactured housing park, you remain a tenant entitled to RSA 205-A protections—even if your personal occupancy is seasonal or a renewal was not offered.
When a park seeks to terminate your tenancy because of a “change of use,” you are entitled to a written notice providing at least 18 months to remove your home.
Keep copies of all notices and communications; method and timing of service can matter (RSA 540:5 and RSA 205-A:3).

Compliance Pointers

Verify that the property qualifies as a “manufactured housing park” (RSA 205-A:1, II). If so, RSA 205-A applies regardless of seasonality.
For change-of-use terminations, ensure written notice provides not less than 18 months to remove the home and is served in accordance with RSA 540:5 and by first-class mail.
Audit seasonal agreements and park rules; disclaimers or seasonality clauses cannot waive statutory rights under RSA 205-A.

Complex Concepts Simplified

Manufactured Housing Park: Land under single/common control designed or adapted for two or more manufactured homes. If that definition fits, RSA 205-A governs, seasonal or not.
Tenant (in a manufactured housing park): A person who owns or occupies a manufactured home and pays rent or other consideration to place the home in the park. Tenancy is tied to the home’s presence on the lot, not just personal occupancy.
Change of Use: When a park owner changes how the park is used—e.g., from mixed manufactured homes and RVs to RV-only. This is a recognized ground for terminating tenancies under RSA 205-A:4, VI, but it triggers the 18-month notice requirement in RSA 205-A:3, III.
Holdover Tenant: In this context, a tenant whose manufactured home remains in the park after the formal tenancy period ends. Because the home remains, the tenant’s status and RSA 205-A protections continue until lawful termination and removal occur.
18-Month Notice: A statutory removal period mandated when a park terminates a tenancy for change of use. It must be in writing, given in the manner of RSA 540:5 and by first-class mail, and cannot be shortened by seasonality or nonrenewal tactics.
RSA 540:5 (Service of Eviction Notices): Sets the manner of serving eviction notices (e.g., delivery methods). RSA 205-A:3 incorporates these service requirements and additionally requires first-class mail.
Consumer Protection Act (RSA 358-A): Prohibits unfair or deceptive practices in trade or commerce. A violation of RSA 205-A may, depending on circumstances, also violate RSA 358-A, allowing for damages, potential enhancement for willful/knowing conduct, and fee-shifting.

Conclusion

Dobens v. Fagnant establishes a clear and consequential rule: there is no seasonal exception to the protections afforded by RSA chapter 205-A. When a park owner terminates a tenancy due to a change of use, the owner must give manufactured home tenants at least 18 months’ written notice to remove their homes, regardless of whether the park operates year-round or seasonally, and regardless of whether a seasonal agreement was renewed. The Court’s tenant-centered focus—rooted in the continuing presence of the home—prevents end runs around the statute via seasonal contract mechanisms.

The decision ensures that the significant burdens of moving a manufactured home are respected by requiring long-lead planning and robust notice. It also signals potential exposure under the Consumer Protection Act for noncompliance. Going forward, park owners contemplating use changes must plan on an 18-month notice period, and tenants can rely on statutory protections as long as their homes remain in the park.

Key Takeaways

No seasonal carve-out: RSA 205-A applies to seasonal manufactured housing parks.
Change-of-use termination requires 18 months’ notice to remove the home, served per RSA 540:5 and by first-class mail.
Tenancy status is tethered to the home’s presence; a “holdover” tenant remains protected while the home stays on the lot.
Less-than-18-month change-of-use removal demands violate RSA 205-A:3.
Noncompliance may support claims under RSA 358-A, with potential damages and fee-shifting.

No Seasonal Exception to RSA 205-A:3 — Continuous Tenancy and 18-Month Change‑of‑Use Notice Required in Manufactured Housing Parks (Dobens v. Fagnant)