CHAPTER 208

HB 173 – FINAL VERSION

05/25/11 1979s

2011 SESSION

11-0648

06/05

HOUSE BILL 173

AN ACT relative to service of process on commercial tenants.

SPONSORS: Rep. Jasper, Hills 27; Rep. Stepanek, Hills 6; Sen. Boutin, Dist 16

COMMITTEE: Judiciary

ANALYSIS

This bill permits demand for rent and eviction notices to be served at commercial properties.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/25/11 1979s

11-0648

06/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to service of process on commercial tenants.

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

208:1 Service of Demand and Eviction Notice. Amend RSA 540:5, I to read as follows:

I. Any notice of a demand for rent or an eviction notice may be served by any person and may be served upon the tenant personally or left at his or her last and usual place of abode. In the case of commercial rental property, service of process may be made at such property provided that a copy of the demand for rent or eviction notice shall be sent by certified mail to the commercial tenant at his or her last known legal address or, for non-residents, pursuant to RSA 510:4. Proof of service must be shown by a true and attested copy of the notice accompanied by an affidavit of service, but the affidavit need not be sworn under oath. A notice of a demand for rent shall be sufficient if served upon the tenant at any time after the rent becomes due and prior to or simultaneously with the service of an eviction notice.

208:2 Effective Date. This act shall take effect January 1, 2012.

Approved: June 27, 2011

Effective Date: January 1, 2012