CHAPTER 247
SB 70-FN – FINAL VERSION
03/16/11 0866s
1June2011… 1405h
06/22/11 2464CofC
2011 SESSION
05/09
SENATE BILL 70-FN
AN ACT relative to remedies in landlord-tenant actions.
SPONSORS: Sen. De Blois, Dist 18
This bill:
I. Reduces the number of days a landlord is required to store a tenant’s abandoned property.
II. Limits the damages available for violations of the storage requirement.
III. Repeals the $1,000 civil penalty imposed on landlords of restricted property who do not provide the town clerk with the name and address of an agent authorized to accept service on their behalf.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/16/11 0866s
1June2011… 1405h
06/22/11 2464CofC
11-1000
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to remedies in landlord-tenant actions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
247:1 Prohibited Practices and Security Deposits; Storage of Tenant’s Personal Property. Amend RSA 540-A:3, VII to read as follows:
VII. Other than residential real estate under RSA 540-B, 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] 7 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] 7-day limit has expired, such personal property may be disposed of by the landlord without notice to the tenant.
247:2 Remedies. Amend RSA 540-A:4, IX(b) to read as follows:
(b) Notwithstanding the provisions of subparagraph (a), a landlord who violates RSA 540-A:3, VII shall be subject only to an award of actual damages, plus costs and reasonable attorneys fees.
(c) The provisions of subparagraph (a) shall not apply to petitions brought in good faith by a landlord or a tenant to determine whether a request for entry under RSA 540-A:3, V is reasonable and lawful.
247:3 Repeal. RSA 540:1-b, IV, relative to the civil penalty for landlord agents, is repealed.
247:4 Effective Date.
I. Sections 1 and 2 of this act shall take effect January 1, 2012.
II. The remainder of this act shall take effect upon its passage.
Approved: July 13, 2011
Effective Date: I. Sections 1 and 2 shall take effect January 1, 2012.
II. Remainder shall take effect July 13, 2011