TITLE 55
Proceedings in Special Cases
CHAPTER 540A
Prohibited Practices and Security Deposits
Definitions: As used in this subdivision:
I. "Landlord" means an owner, lessor or agent thereof
who rents or leases residential premises including manufactured
housing or space in a manufactured housing park to another person.
II. "Tenant" means a person to whom a landlord rents
or leases residential premises, including manufactured housing or a
space in a manufactured housing park.
III. "Premises" means the part of the landlord's
property to which the tenant is entitled exclusive access for living
or storage as a result of the rental or lease agreement. §
540-A:1
General Prohibition: No landlord shall willfully
violate a tenant's right to quiet enjoyment of his tenancy or
attempt to circumvent lawful procedures for eviction pursuant to RSA
540. No tenant shall willfully damage the property of the landlord
or prevent completion of necessary repairs or willfully deny tenants
their right to quiet enjoyment of their tenancies. § 540-A:2
Certain Specific Acts Prohibited:
I. No landlord shall willfully cause, directly or indirectly,
the interruption or termination of any utility service being
supplied to the tenant including, but not limited to water, heat,
light, electricity, gas, telephone, sewerage, elevator or
refrigeration, whether or not the utility service is under the
control of the landlord, except for such temporary
interruption as may be necessary while actual repairs are in
process or during temporary emergencies.
II. No landlord shall willfully seize, hold, or otherwise
directly or indirectly deny a tenant access to and possession of
such tenant's rented or leased premises, other than through proper
judicial process.
III. No landlord shall willfully seize, hold, or otherwise
directly or indirectly deny a tenant access to and possession of
such tenant's property, other than by proper judicial process.
IV. No landlord shall willfully enter into the premises of the
tenant without prior consent, other than to make emergency repairs.
V. No tenant shall willfully refuse the landlord access to the
premises to make necessary repairs at a reasonable time after notice
which is adequate under the circumstances.
VI. No tenant shall willfully damage the property of the
landlord.
VII. A landlord shall maintain and exercise reasonable care in
the storage of the personal property of a tenant who has vacated the
premises, either voluntarily or by eviction, for a period of 45 days
after the date upon which such tenant has vacated. After the 45-day
limit has expired, such personal property may be disposed of by the
landlord without notice to the tenant.
VII. A landlord shall maintain and exercise reasonable care in
the storage of the personal property of a tenant who has vacated the
premises, either voluntarily or by eviction, for a period of 28 days
after the date upon which such tenant has vacated. During this
period, the tenant shall be allowed to recover personal property
without payment of rent or storage fees. After the 28-day limit has
expired, such personal property may be disposed of by the landlord
without notice to the tenant. § 540-A:3
Remedies:
I. All district courts shall have concurrent jurisdiction with
the superior court to enforce the provisions of RSA 540-A:2 and RSA
540-A:3.
II. Any tenant or landlord may seek relief from a violation of
RSA 540-A:2 or RSA 540-A:3 by filing a petition in the district or
county where the rental premises are located.
III. No filing fee shall be charged for a petition under
paragraph II, and the plaintiff may proceed without legal counsel.
Either a peace officer or the sheriff's department shall serve
process under this section and the cost of such service shall be
billed as directed by the court pursuant to
paragraph X. Any proceeding under this subdivision shall not
preclude any other available civil or criminal remedy.
IV. The clerks of the district courts shall supply forms for
petitions for relief under this subdivision designed to facilitate
proceedings.
V. The findings of facts shall be final but questions of law may
be transferred to the supreme court in the same manner as from the
superior court.
VI. The court shall hold a hearing within 30 days of the filing
of a petition under paragraph II or within 10 days of service of
process upon the defendant, whichever occurs later.
VII. Upon a showing of a violation of RSA 540-A:2 or RSA
540-A:3, I, II, or III, the court shall grant such relief as is
necessary to protect the rights of the parties. Such relief may
include:
(a) An order prohibiting the defendant from continuing the
activity or activities which violate RSA 540-A:2 or RSA 540-A:3; and
(b) An award of damages to the plaintiff for the violations of
RSA 540-A, breach of warranty of habitability, breach of the
covenant of quiet enjoyment or any other claim arising out of the
facts alleged in the plaintiff's petition.
VIII. Upon the showing of an immediate threat of irreparable
harm, the court may issue such temporary orders as it deems
necessary to protect the parties with or without actual notice to
the defendant. If temporary orders are made ex parte, the party
against whom such relief is issued may file a written request with
the clerk of the court and request a hearing on such request. Such
hearing shall be held no later than 5 days after the request is
received by the clerk. Such hearings
may constitute the final hearing described in paragraph VI.
IX. Any landlord or tenant who violates RSA 540-A:2 or any
provision of RSA 540-A:3 shall be subject to the civil remedies set
forth in RSA 358-A:10, including costs and reasonable attorney's
fees incurred in the proceedings. Each day that a violation
continues shall constitute a separate
violation.
X. If an action initiated under RSA 540-A:3 is found to be
frivolous or brought solely for harassment, the plaintiff shall pay
to the defendant the costs of said action including reasonable
attorney's fees. If such frivolous action was brought by the tenant,
he shall not be entitled to the
protection of paragraph XI of this section.
XI. No action for possession may be maintained by the landlord
against a tenant who proves a violation of RSA 540-A:3 except for
nonpayment of rent, violation of a substantial obligation of the
rental agreement or lease, or violation of this subdivision within 6
months of an action instituted under this subdivision by a tenant;
nor shall the landlord take any other action in reprisal.
§ 540-A:4
Definitions: As used in this subdivision:
I. "Landlord" means a person and his or its employees,
officers or agents who rents or leases to another person a rental
unit, including space in a manufactured housing park as regulated by
RSA 205-A and in manufactured housing, for other than vacation or
recreational purposes. A person who rents or leases a single family
residence and owns no other rental property or who rents or leases
rental units in an owner-occupied building of 5 units or less shall
not be considered a "landlord" for the purposes of this
subdivision, except for any individual unit in such building which
is
occupied by a person or persons 60 years of age or older.
II. "Security deposit" means all funds in excess of
the monthly rent which are transferred from the tenant to the
landlord for any purpose.
III. "Tenant" means any person who rents or leases
residential premises owned by another, including space in a
manufactured housing park regulated by RSA 205-A and in manufactured
housing, for other than vacation or recreational purposes.
IV. "Rental unit" means each separate part of any
residential premises which has full facilities for habitation,
including contiguous living, sleeping, kitchen and bathroom
facilities, which is held out for rental by the landlord. §
540-A:5
Procedure:
I. A landlord shall not demand or receive any security deposit
in an amount or value in excess of one month's rent or $100,
whichever is greater. Upon receiving a deposit from a tenant, a
landlord shall forthwith deliver to the tenant a signed receipt
stating the amount of the deposit and specifying the place where the
deposit or bond for the deposit pursuant to RSA 540-A:6, II(c) will
be held, and shall notify the tenant that any conditions in the
rental unit in need of repair or correction should be noted on the
receipt or given to the landlord in writing within 5 days of
occupancy.
II. (a) Security deposits held by a landlord continue to be the
money of the tenant and shall be held in trust by the person with
whom such deposit is made and shall not be mingled with the personal
moneys or become an asset of the landlord until the provisions of
RSA 540-A:7 are complied with, but may be disposed of as provided in
RSA 540-A:6, III.
(b) A landlord may mingle all security deposits held by him in a
single account held in trust for the tenant at any bank, savings and
loan association or credit union organized under the laws of this
state in satisfaction of the requirements of RSA 540-A:6, II(a).
(c) A bond written by a company located in New Hampshire and
posted with the clerk of the city or town in which the residential
premises are located in an amount equivalent to the total value of a
security deposit held by the landlord on property in that city or
town shall exempt the landlord from
the provisions of RSA 540-A:6, II(a) and (b).
III. (a) Any landlord who holds a security deposit shall turn
the security deposit over at the time of delivery of the deed or
instrument of assignment, or within 5 days thereafter, or within 5
days after a receiver has been qualified, to one of the following:
(1) his grantee upon conveying the premises in which the rental
unit is located;
(2) his assignee upon assigning his lease to the rental unit;
(3) the receiver in a foreclosure action or other lien of record
affecting the property in which the rental unit is located, upon the
judicial appointment and qualification of the receiver; or
(4) the purchaser at a foreclosure sale or other lien of record,
if a receiver has not been qualified, upon the conveyance to another
person by the referee of the property in which the rental unit is
located.
(b) The landlord shall notify the tenant by registered or
certified mail of such turning over, including the name and address
of the grantee, assignee, purchaser, or receiver who then holds the
security deposit.
(c) Any landlord who turns over to his grantee, his assignee, a
purchaser at a foreclosure sale, or the receiver in a foreclosure
action the amount of such security deposit with interest due, if
any, is thereby relieved of liability to the tenant for repayment of
the deposit. The transferee of the
security deposit is then responsible for the return of the
security deposit to the tenant or licensee, unless, before the
expiration of the term of the tenant's lease or licensee's
agreement, he transfers the security deposit to another, pursuant to
RSA 540-A:6, III(a) and gives the requisite notice
pursuant to RSA 540-A:6, III(b). A receiver shall hold the
security subject to its disposition as provided in an order of the
court to be made and entered in the foreclosure action.
(d) RSA 540-A:6, III(c) shall not apply if there is an
inconsistent agreement between the landlord and tenant or licensee.
IV. (a) A landlord who holds a security deposit for a period of
one year or longer shall pay to the tenant interest on the deposit
at a rate equal to the interest rate paid on regular savings
accounts in the New Hampshire bank, savings and loan association, or
credit union in which it is deposited,
commencing from the date the landlord receives the deposit or
from September 13, 1977, whichever is later. If a landlord mingles
security deposits in a single account under RSA 540-A:6, II(b), the
landlord shall pay the actual interest earned on such account
proportionately to each tenant.
(b) Upon request, a landlord shall provide to the tenant the
name of any bank, savings and loan association, or credit union
where his security deposit is on deposit, the account number, the
amount on deposit, and the interest rate on the deposit and shall
allow the tenant to examine his security
deposit records.
(c) Notwithstanding RSA 540-A:7, I, a tenant may request the
interest accrued on a security deposit every 3 years, 30 days before
the expiration of that year's tenancy. The landlord shall comply
with the request within 15 days of the expiration of that year's
tenancy. § 540-A:6
Return of Security Deposit:
I. Except as provided in RSA 540-A:6, IV(c), a landlord shall
return a security deposit to a tenant and pay the interest due, if
any, within 30 days from the termination of the tenancy. If there
are any damages to the premises, excluding reasonable wear and tear,
the landlord may deduct the costs of repair from the security
deposit. The landlord shall provide the tenant with a written,
itemized list of any damages for which the landlord claims the
tenant is liable, which shall indicate with particularity the nature
of any repair necessary to correct any damage and satisfactory
evidence that repair necessary to correct these
damages has been or will be completed. Satisfactory evidence may
include, but not be limited to, receipts for purchased repair
materials and labor estimates, bills or invoices indicating the
actual or estimated cost thereof.
II. If the tenant is required under the lease agreement to pay
all or part of any increase in real estate taxes levied against the
property and becoming due and payable during the term of the lease,
or if there is unpaid rent due, the landlord may deduct such share
of real estate taxes or unpaid rent from the amount of the security
deposit. The landlord shall provide the tenant with a written,
itemized list of any claim for unpaid rent or share of real estate
taxes for which the landlord claims the tenant is liable, which
shall indicate with particularity the period for which the claim is
being
made. § 540-A:7
§ 540-A:8 I. (a) Any landlord who does not
comply with RSA 540-A:6, I, II or III shall be deemed to have
violated RSA 358-A:2.
(b) Any landlord who does not comply with RSA 540-A:6, IV or RSA
540-A:7 shall be liable to the tenant in damages in an amount equal
to twice the sum of the amount of the security deposit plus any
interest due under this subdivision, less any payments made and any
charges owing for damages, unpaid rent, or share of real estate
taxes as specified in RSA 540-A:7.
II. Notwithstanding RSA 540-A:6, 540-A:7, and 540-A:8, I, a
landlord shall not be liable nor forfeit any rights if his failure
to comply with said sections and paragraph is due to the failure of
the tenant to notify the landlord of his new address upon
termination of the tenancy. Any deposits plus
interest due on the deposit that remain unclaimed after 6 months
from the termination of the tenancy shall become the property of the
landlord, free and clear of any claim of the tenant, absent fraud.
III. Any provision in any lease or rental agreement by which the
tenant is purported to waive any of his rights under this
subdivision, except as provided in RSA 540-A:6, III(d), shall be
void. § 540-A:8
Need
Help? Visit our free online discussion
forum
|