HB 1370 - AS AMENDED BY THE HOUSE
10Mar2016... 0433h
2016 SESSION
\t16-2577
\t05/09
HOUSE BILL\t1370
AN ACT\trelative to termination of tenancy.
SPONSORS:\tRep. Groen, Straf. 10
COMMITTEE:\tJudiciary
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ANALYSIS
\tThis bill provides additional grounds for termination of tenancy with 7 days' notice.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10Mar2016... 0433h\t16-2577
\t05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to termination of tenancy.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Subparagraphs; Termination of Tenancy. Amend RSA 540:2, II by inserting after subparagraph (g) the following new subparagraphs:
\t\t\t(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:
\t\t\t\t(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 the tenant’s termination of said utility; and
\t\t\t\t(2) If the tenant cures his or her failure pursuant to subparagraph (1), the landlord may still initiate an eviction action pursuant to subparagraph 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.
\t\t\t(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.
\t2 Eviction Notice. Amend RSA 540:3, II to read as follows:
\t\tII. 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), or (i).
\t3 Actions Against Tenants; Venue. Amend RSA 540:13, I to read as follows:
\t\tI. A writ of summons [may] shall be issued, returnable before [a] the district court with jurisdiction over the city or town where the property is located, setting forth in substance that the plaintiff is entitled to the possession of the demanded premises, and that the defendant is in possession thereof without right, after notice in writing, to quit the same at a day named therein.
\t4 Effective Date. This act shall take effect January 1, 2017.