HB 93 - AS INTRODUCED
2003 SESSION
05/09
HOUSE BILL 93
This bill:
I. Requires 3 days' notice to quit for nonpayment of rent by a nonresidential tenant.
II. Requires 3 days' notice to quit for nonpayment of rent, damage to the premises, or certain health or safety violations by a residential tenant.
III. Requires a tenant to file a notice of intent to appeal within 3 days and provides a return date of 3 days from the date of service of the writ.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03-0124
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT relative to the notice to quit and notice of intent to appeal in landlord tenant actions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Actions Against Tenants; Notice to Quit; 3 Days' Notice Required. Amend RSA 540:3, I and II to read as follows:
I. If a nonresidential tenant neglects or refuses to pay rent due and in arrears, upon demand, [7] 3 days' notice shall be sufficient; if the rent is payable more frequently than once in 3 months, whether such rent is due or not, a notice equal to the rent period shall be sufficient, and 3 months' notice shall be sufficient in all cases.
II. For all residential tenancies, 30 days' notice shall be sufficient in all cases; provided, however, that [7] 3 days' notice shall be sufficient if the reason for the termination is as set forth in RSA 540:2, II(a), (b), or (d).
2 Actions Against Tenants; Writ; Service; Notice of Intent to Appeal Filed Within 3 Days. Amend RSA 540:13, II(d)(1) to read as follows:
(1) File a notice of intent to appeal with the district court within [7] 3 days of the notice of the district's decision; and
3 Actions Against Tenants; Writ; 3 Day Return Date. Amend RSA 540:13, III to read as follows:
III. The writ of summons and the notice provided in paragraph II shall be returnable [7] 3 days from the date of service of the writ by the sheriff. The writ of summons shall provide an opportunity for the landlord, at the landlord's option, to make a claim for an award of unpaid rent. If the landlord elects to make a claim for unpaid rent, the court shall consider any defense, claim, or counterclaim by the tenant which offsets or reduces the amount owed to the plaintiff. If the court finds that the landlord is entitled to possession on the ground of nonpayment of rent, it shall also award the landlord a money judgment. If the court determines that the amount owed by the landlord to the tenant, as a result of set-off or counterclaim exceeds or equals the amount of rent and other lawful charges owed by the tenant to the landlord, judgment in the possessory action shall be granted in favor of the tenant. If the court finds that the tenant's counterclaim exceeds the amount of the nonpayment, a money judgment shall issue in favor of the tenant. Any decision rendered by the court related to a money judgment, shall be limited to a maximum of $1,500 and shall not preclude either party from making a subsequent claim in a court of competent jurisdiction to recover any additional amounts not covered by the $1,500 judgment.
4 Effective Date. This act shall take effect January 1, 2004.