Revision: Dec. 9, 2022, 12:37 p.m.
2023 SESSION
23-0285.0
05/10
HOUSE BILL [bill number]
SPONSORS: [sponsors]
COMMITTEE: [committee]
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ANALYSIS
This bill permits residential tenants to terminate their lease in instances of domestic violence or following diagnosis of a debilitating medical condition.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0285.0
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Sections; Termination of Lease by Tenant Due to Domestic Violence or Disability. Amend RSA 540 by inserting after section 11-a the following new sections:
540:11-b Termination of Lease; Victims of Domestic Violence.
I. Notwithstanding any provision in a rental agreement to the contrary, if a tenant, cotenant, or household member is the victim of domestic violence as defined in RSA 173-B, sexual assault as defined in RSA 632-A, or stalking as defined in RSA 633:3-a, the tenant or any cotenant may terminate the rental agreement by giving the landlord written notice of termination effective at the end of the current rental period or 30 days after the notice is provided to the landlord, whichever occurs sooner.
II. In the case of a termination of a rental agreement pursuant to this section on the grounds that a tenant, cotenant, or household member is a victim of domestic violence, sexual assault, or stalking, the written notice provided to a landlord pursuant to paragraph I shall describe the reason for the termination of the rental agreement and be accompanied by a valid protective order against the perpetrator of the domestic violence, sexual assault, or stalking.
III. A tenant or cotenant may terminate a rental agreement pursuant to this section only if the actions, events, or circumstances that resulted in the tenant, cotenant, or household member becoming a victim of domestic violence, harassment, sexual assault or stalking occurred within the 90 days immediately preceding the written notice of termination to the landlord.
IV. A tenant or cotenant who terminates a rental agreement pursuant to this section is only liable, if solely or jointly liable for purposes of the rental agreement, for any rent owed or required to be paid through the date of termination and any other outstanding obligations. If the tenant or cotenant has prepaid rent that would apply for the rental period in which the rental agreement is terminated, the landlord may retain the prepaid rent and no refund is due to the tenant or cotenant unless the amount of the prepaid rent exceeds what is owed for that rental period. If the tenant or cotenant has paid a security deposit, the deposit shall not be withheld for the early termination of the rental agreement if the rental agreement is terminated pursuant to this section.
540:11-c Termination of Lease; Disability or Accident.
I. Notwithstanding any provision in a rental agreement to the contrary, a tenant who suffers a disabling illness or accident may terminate the rental agreement by giving the landlord written notice of termination effective at the end of the current rental period or 30 days after the notice is provided to the landlord, whichever occurs sooner.
II. The written notice provided to a landlord under paragraph I shall describe the reason for termination of the rental agreement and be accompanied by:
(a) Certification of a treating physician that the tenant is unable to continue to engage in gainful employment;
(b) Proof of loss of income; and
(c) Proof that any pension, insurance, or other subsidy to which the tenant is entitled is insufficient to supplement the income of the tenant so that the rent on the property in question can be paid and that the income is necessary for payment of the rent.
III. A tenant who terminates a rental agreement pursuant to this section is only liable, if solely or jointly liable for purposes of the rental agreement, for any rent owed or required to be paid through the date of termination and any other outstanding obligations. If the tenant has prepaid rent that would apply for the rental period in which the rental agreement is terminated, the landlord may retain the prepaid rent and no refund is due to the tenant unless the amount of the prepaid rent exceeds what is owed for that rental period. If the tenant has paid a security deposit, the deposit shall not be withheld for the early termination of the rental agreement if the rental agreement is terminated pursuant to this section.
2 Effective Date. This act shall take effect January 1, 2024.