03/20/03 0917s

29may03...1338h

10june03...2045CofC

2003 SESSION

03-1128

08/09

SENATE BILL 154

COMMITTEE: Public Affairs

AMENDED ANALYSIS

This bill grants a landlord access to rental property to make repairs and for any other reasonable and lawful purpose.

This bill also allows the court to determine whether requests for entry are reasonable and lawful without subjecting the defendant to costs and attorney's fees.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/20/03 0917s

29may03... 1338h

10june03...2045CofC

03-1128

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

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

271:1 Landlord and Tenants; Prohibited Practices. Amend RSA 540-A:3, V to read as follows:

V. No tenant shall willfully refuse the landlord access to the premises to make necessary repairs, or to perform other reasonable and lawful functions commonly associated with the ownership of rental property, at a reasonable time after notice which is adequate under the circumstances.

271:2 Landlord and Tenants; Remedies. Amend RSA 540-A:4, IX to read as follows:

IX.(a) 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.

(b) 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.

271:3 Effective Date. This act shall take effect January 1, 2004.

(Approved: Enacted in accordance with Article 44, Part II, N.H. Constitution, without signature of Governor, July 16, 2003)

(Effective Date: January 1, 2004)