Revision: Dec. 14, 2015, midnight
\t \t\tHB 1204 - AS INTRODUCED
2016 SESSION
\t16-2071
\t05/08
HOUSE BILL\t1204
AN ACT\trelative to payment of rent pending the stay of an eviction proceeding.
SPONSORS:\tRep. Abrami, Rock. 19; Rep. Groen, Straf. 10; Rep. J. Ward, Rock. 19; Sen. Stiles, Dist 24
COMMITTEE:\tJudiciary
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ANALYSIS
\tThis bill provides that the agreement between a landlord and tenant to stay an eviction proceeding may incorporate the arrearage, future rent due, court costs, and service fees.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2071
\t05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to payment of rent pending the stay of an eviction proceeding.\t
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Landlord Tenant; Discretionary Stay Dependent on Payment of Rent; Payment of Arrearage and Current Rent Due. Amend RSA 540:13-c, II to read as follows:
\t\t\tII. Nothing in this section shall be construed to prohibit the parties in a case of nonpayment of rent from agreeing that, in spite of judgment for the plaintiff, a writ of possession shall not be issued, if the defendant makes payments in accordance with a schedule designated in the agreement. [However, if such payments are not made when due, a writ of possession shall be issued upon request of the plaintiff.] The agreement may incorporate the arrearage, future rent due, court costs, and service fees.
\t\t\t(a) Every such agreement shall conspicuously state in a separate paragraph at the end of the agreement the following language:
I, TENANT/DEFENDANT IN THIS ACTION, UNDERSTAND THAT IF I FAIL TO MAKE ANY OF THE PAYMENTS CALLED FOR IN THIS AGREEMENT ON TIME, THE COURT SHALL ORDER THE SHERIFF TO EVICT ME WITHOUT A HEARING.
\t\t\t(b) No such agreement shall remain in effect for more than one year from the date the agreement is approved by the court. When the defendant has made all payments required by the agreement, the agreement shall be considered satisfied and the underlying action shall be dismissed.
\t\t\t(c) The acceptance of any payment pursuant to such agreement shall not establish a new tenancy.
\t\t\t(d) If such payments are not made when due, as evidenced by an affidavit of non-compliance filed with the court by the plaintiff, the court shall issue a writ of possession without further judicial review.
\t2 Effective Date. This act shall take effect January 1, 2017.