CHAPTER 296
SB 336 – FINAL VERSION
02/16/06 0723s
26Apr2006… 1649h
05/24/06 2269CofC
2006 SESSION
05/04
SENATE BILL 336
AN ACT relative to security deposits in landlord tenant matters.
SPONSORS: Sen. Gallus, Dist 1; Sen. Boyce, Dist 4; Sen. Green, Dist 6; Rep. Remick, Coos 2
COMMITTEE: Public and Municipal Affairs
This bill removes the requirement that a landlord provide a receipt for a security deposit paid by check. The bill also permits a landlord to deduct lawful charges due under the lease which remain unpaid from the security deposit.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/16/06 0723s
26Apr2006… 1649h
05/24/06 2269CofC
06-2538
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to security deposits in landlord tenant matters.
Be it Enacted by the Senate and House of Representatives in General Court convened:
296:1 Receipt for Security Deposit; When Required. Amend RSA 540-A:6, I to read as follows:
I.(a) A landlord shall not demand or receive any security deposit in an amount or value in excess of one month’s rent or $100, whichever is greater.
(b) Except as provided in subparagraph (c), upon receiving a deposit from a tenant, a landlord shall forthwith deliver to the tenant a signed receipt stating the amount of the deposit and specifying the place where the deposit or bond for the deposit pursuant to RSA 540-A:6, II(c) will be held, and shall notify the tenant that any conditions in the rental unit in need of repair or correction should be noted on the receipt or given to the landlord in writing within 5 days of occupancy.
(c) No receipt shall be required when the tenant furnishes a security deposit in the form of a personal check, a bank check, or a check issued by a government or nonprofit agency on behalf of the tenant. Regardless of whether or not a receipt is required, the landlord shall provide written notice to the tenant that a written list of conditions in the rental unit in need of repair or correction, if any, should be given to the landlord within 5 days of occupancy.
296:2 Return of Security Deposit; Permitted Deductions. Amend RSA 540-A:7, II to read as follows:
II. If the tenant is required under the lease agreement to pay all or part of any increase in real estate taxes levied against the property and becoming due and payable during the term of the lease, or if there is unpaid rent due, or if there are other lawful charges due under the lease which remain unpaid, the landlord may deduct such share of real estate taxes or unpaid rent or unpaid charges from the amount of the security deposit. The landlord shall provide the tenant with a written, itemized list of any claim for unpaid rent or share of real estate taxes or unpaid charges for which the landlord claims the tenant is liable, which shall indicate with particularity the period for which the claim is being made.
296:3 Effective Date. This act shall take effect July 1, 2006.
Approved: June 15, 2006
Effective: July 1, 2006