Thursday, January 27, 2011

Feb 1st - New Law affecting NH Landlords

New law to impact landlords,
owners of restricted property (ie property rented for residential purposes)

If you are a landlord, or if you have a client who owns restricted property, you should to be aware of a new law under RSA 540:1-b.

If you are an owner of restricted property who resides within the state, you must file a statement with the town or city clerk of the municipality in which the property is located, providing the name, address and telephone number of a person within the state who is authorized to accept service of process for any legal proceeding brought against the owner relating to the property. The owner of the premise can be the individual authorized to accept service.

Restricted property is defined as all real property rented for residential purposes excluding owners of single-family houses if the owner of such a house does not own more than three single-family houses at any one time, rental units in an owner-occupied building containing a total of four dwelling units or fewer, or single-family houses acquired by banks or other mortgagees through foreclosure.

If the landlord is not a New Hampshire resident, he or she must file a statement with the municipality providing the name of someone who does reside in the state and who is authorized to accept service of process brought against the owner.

NHAR suggests: that you contact your municipality to confirm to whom the letter should be sent or delivered; and that any statement sent through the mail is certified to ensure a proof that notification was given.

Municipalities may begin enforcing fines of up to $1,000 for failure to comply starting Feb. 1.

The text of the new law can be found by clicking on the title of this article.

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