Revision: Jan. 15, 2013, midnight
HB 188 – AS INTRODUCED
HOUSE BILL 188
This bill decreases the notice required for eviction based on material breach of the lease from 30 days to 7 days. The bill also requires the tenant to pay utility bills and other financial obligations due under the terms of the lease pending appeal of the eviction action.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT decreasing the time required for eviction notice in cases where there is a material breach of the lease and requiring the tenant to meet financial obligations under the lease pending appeal.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Eviction Notice; Eviction for Material Breach of Lease. Amend RSA 540:3, II to read as follows:
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), c, or (d).
2 Recognizance, by Defendant. Amend RSA 540:25 to read as follows:
540:25 Recognizance, by Defendant.
I. If the possessory action was instituted on the basis of nonpayment of rent, and the defendant files a notice of intent to appeal, the defendant shall pay into court the current rent, and the tenant shall pay, as they become due, all utility bills and other financial obligations the tenant agreed to pay pursuant to the lease or rental agreement between the parties to the eviction action, in an amount determined by the judgment of the court pursuant to RSA 540:14, I, weekly and in advance. Payment of rent for one week must be made at the time the defendant files notice of intent to appeal in the district court. Rent which had been payable on other than a weekly basis shall be paid to the court each week based on the equivalent weekly rent determined by the judgment issued by the court, pursuant to RSA 540:14, I. During the pendency of the appeal, rent is payable on a weekly basis and utilities are payable within 7 days of the date the bill for such utilities is served upon the tenant and filed with the court. Rent [
and] is due on the same day of the week on which the notice of intent to appeal was filed. If rent and other financial obligations are [ is] not paid by the due date, the court shall immediately mail a notice of default to the tenant and issue a writ of possession to the landlord. If, however, the tenant pays the clerk the entire amount of rent or the entire amount of other financial obligations that have become due since the filing of the notice of intent to appeal prior to the service of the writ by the sheriff, the writ of possession shall be recalled and the appeal shall be reinstated. Unless the appeal is reinstated, the district court shall vacate the appeal and award the plaintiff the rent and any other money that has been paid into court.
I-a. At any time during the pendency of the appeal, the landlord may file a motion to the district court for recovery of the rent or other money that has been paid into court pursuant to paragraph I. The court may grant such motion unless the tenant objects and the court rules that the landlord is not lawfully entitled to the full amount of rent or other money. If the court rules that the landlord is not entitled to the full amount of the rent or other money, it shall release such portion of the rent or other money to which the court deems the landlord is lawfully entitled, if any, and make specific findings in support of its decision to deny or partially deny the landlord’s motion. The rent and other money retained by the court shall be apportioned between the landlord and the tenant upon final disposition of the appeal.
II. If the possessory action was instituted for a reason other than nonpayment of rent, the defendant shall pay into court or to the plaintiff, as the court directs, all rents and all utility bills and other financial obligations the tenant agreed to pay pursuant to the lease or rental agreement between the parties to the eviction action, becoming due from the date the notice of intent to appeal is filed with the district court. In any case in which the duty to pay rent, utilities, or other financial obligations of the tenant, or a portion thereof is in dispute, the defendant shall be required to pay such portion of the rents, utilities, or other financial obligations of the tenant becoming due after the notice of intent is filed into court, as the court may direct, which amounts shall be held by the court in escrow until a final decision is rendered. After such decision has been rendered, the escrowed rent [
money] utilities, or other financial obligations of the tenant, and any accrued interest thereon shall be apportioned between plaintiff and defendant on the basis of a finding of rent, utilities, or other financial obligations of the tenant actually due. For the purpose of this section, “rent” shall mean the amount of money called for by the lease or rental agreement at the time the action for possession was instituted.
3 Effective Date. This act shall take effect January 1, 2014.None