Revision: March 6, 2013, midnight
HB 413 – AS INTRODUCED
2013 SESSION
05/04
HOUSE BILL 413
AN ACT making relinquishment or abandonment of leased premises a defense for landlords.
SPONSORS: Rep. Warden, Hills 39
This bill makes relinquishment or abandonment of the premises a defense for landlords in an action under RSA 540-A.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0484
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT making relinquishment or abandonment of leased premises a defense for landlords.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Defense of Relinquishment or Abandonment by Tenant. Amend RSA 540-A:4 by inserting after paragraph XI the following new paragraph:
XII. Relinquishment of possession or abandonment of possession shall be a defense to an action brought pursuant to this chapter.
(a) Relinquishment of possession occurs when all tenants of a rented or leased premises provide a landlord a signed statement that the tenant or tenants have relinquished possession of the premises.
(b) The tenant will be determined to have abandoned the premises if the landlord proves 2 or more of the following with regard to each tenant named under the lease or rental agreement:
(1) The tenant has given the landlord written notice that the tenant will vacate the premises by a certain date, and that date has passed.
(2) The tenant has terminated one or more utilities that are furnished to the premises, or one or more of the utilities for which the tenant is responsible under the terms of the lease or rental agreement have been terminated by the tenant or due to the tenant’s failure to pay for such utility.
(3) The tenant has returned the keys to the premises to the landlord, which shall include leaving the keys in the leased premises.
(4) The tenant has filed a change of address with the United States Postal Service that is in effect as of the date the landlord claims the premises have been abandoned.
(5) The tenant has removed from the leased premises the majority of his or her personal property, and the only items remaining in the premises are of no or nominal value.
(6) The tenant is incarcerated for a period of more than 61 days.
(7) The tenant has failed or neglected to pay rent for the premises for a period of more than 61 days and the rent is 61 days or more in arrears.
(8) Any other facts or circumstances that the court determines would lead a reasonable person to conclude that the tenant has abandoned the premises.
2 Effective Date. This act shall take effect January 1, 2014.