Bill Text - HB315 (2015)

Relative to termination of tenancy.


Revision: Dec. 16, 2015, midnight

HB 315 – AS AMENDED BY THE HOUSE

4Mar2015… 0298h

2015 SESSION

15-0834

05/06

HOUSE BILL 315

AN ACT relative to termination of tenancy.

SPONSORS: Rep. Beaudoin, Straf 9; Rep. Cook, Rock 11; Rep. Gould, Hills 7

COMMITTEE: Judiciary

ANALYSIS

This bill provides additional grounds for termination of tenancy with 7 days notice.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

4Mar2015… 0298h

15-0834

05/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT relative to termination of tenancy.

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

1 New Subparagraphs; Termination of Tenancy. Amend RSA 540:2, II by inserting after subparagraph (g) the following new subparagraphs:

(h) Failure by the tenant to establish utility service in the tenant’s name or termination by the tenant or the utility provider of a utility service, where payment for such utility service is the tenant’s obligation under the lease or rental agreement, provided that:

(1) No tenancy shall be terminated under this subparagraph if prior to the expiration of the eviction notice the tenant has the utility service established or restored and has reimbursed the landlord any costs associated with tenant’s termination of said utility; and

(2) If the tenant cures his or her failure pursuant to subparagraph (1), the landlord may still initiate an eviction action pursuant to RSA 540:2, II(b) in cases in which the tenant’s failure caused substantial damage to the premises, or the tenant has cured such failure more than 3 times in 12 months.

(i) A person staying in the leased premises who is not a party to the lease or rental agreement, without the written consent of the landlord, more than 14 consecutive days or 30 days in a 12-month period. No tenancy shall be terminated under this subparagraph if the tenant has the person who is not a party to the lease permanently leave the premises before the expiration of the eviction notice, provided that the tenant has not previously cured this breach of the lease or rental agreement.

(j) Having one or more pets or animals in the leased premises in violation of the lease or rental agreement. No tenancy shall be terminated under this subparagraph if the tenant has the unauthorized pets or animals permanently removed from the premises before the expiration of the eviction notice, provided that the tenant has not previously cured this breach of the lease or rental agreement.

2 Eviction Notice. 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), [or] (d), (h), (i), or (j).

3 Effective Date. This act shall take effect January 1, 2016.