HB1116 (2006) Detail

(New Title) relative to service of the notice to quit and writ of summons in landlord tenant actions.


CHAPTER 192

HB 1116 – FINAL VERSION

07Mar2006… 0866h

05/04/06 2035s

2006 SESSION

06-2726

05/04

HOUSE BILL 1116

AN ACT relative to service of the notice to quit and writ of summons in landlord tenant actions.

SPONSORS: Rep. Wendelboe, Belk 1

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill changes the name of the notice to quit to an eviction notice and directs the supreme court to make forms for an eviction notice and demand for rent available on the district court’s website.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07Mar2006… 0866h

05/04/06 2035s

06-2726

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to service of the notice to quit and writ of summons in landlord tenant actions.

Be it Enacted by the Senate and House of Representatives in General Court convened:

192:1 Change from Notice to Quit to Eviction Notice. Amend the following RSA sections by replacing “notice to quit” with “eviction notice”: RSA 104:31; 126-A:57; 130-A:8-a; 540:2; 540:4; and 540:9-a.

192:2 Actions Against Tenants; Service of Demand and Eviction Notice; Forms. Amend RSA 540:5 to read as follows:

540:5 Service of Demand and Eviction Notice [to Quit].

I. Any notice of a demand for rent or [a] an eviction notice [to quit] may be served by any person and may be served upon the tenant personally or left at his or her last and usual place of abode. Proof of service must be shown by a true and attested copy of the notice accompanied by an affidavit of service, but the affidavit need not be sworn under oath. A notice of a demand for rent shall be sufficient if served upon the tenant at any time after the rent becomes due and prior to or simultaneously with the service of [a notice to quit] an eviction notice.

II. The district court shall provide forms for a demand for rent and eviction notice in the district court clerks’ offices and on the New Hampshire judicial branch website. Although a landlord shall not be required to use the forms, a valid demand for rent or eviction notice shall include the same information as is requested and provided on such forms.

192:3 Eviction Notice; Reference to Notice to Quit in Existing Lease. Amend RSA 540:3 to read as follows:

540:3 [Notice to Quit] Eviction Notice.

I. If a nonresidential tenant neglects or refuses to pay rent due and in arrears, upon demand, 7 days’ notice shall be sufficient; if the rent is payable more frequently than once in 3 months, whether such rent is due or not, a notice equal to the rent period shall be sufficient, and 3 months’ notice shall be sufficient in all cases.

II. For all residential tenancies, 30 days’ notice shall be sufficient in all cases; provided, however, that 7 days’ notice shall be sufficient if the reason for the termination is as set forth in RSA 540:2, II(a), (b), or (d).

III. The eviction notice [to quit] shall state with specificity the reason for the eviction.

IV. If the eviction notice [to quit] is based on nonpayment of rent, the notice shall inform the tenant of his or her right, if any, to avoid the eviction by payment of the arrearages and liquidated damages in accordance with RSA 540:9.

V. For the purpose of interpreting or enforcing any lease or rental agreement for residential tenants in effect on July 1, 2006, a notice to quit shall be deemed an eviction notice under this section.

192:4 Permissible Reasons for Eviction; Reference Change. Amend RSA 205-A:4, I to read as follows:

I. Nonpayment of rent, utility charges, or reasonable incidental service charges; provided that no action for possession shall be maintained if prior to the expiration of [a notice to quit] an eviction notice the tenant shall pay or tender all arrearages due plus $15 as liquidated damages.

192:5 Effective Date. This act shall take effect January 1, 2007.

Approved: May 30, 2006

Effective: January 1, 2007

Links

HB1116 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB1116 Revision: 9393 Date: Jan. 21, 2010, midnight

Docket