Residential Rental Lease Agreement
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.
VIII. 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:
(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
