Saturday, February 19, 2011

Hearing rescheduled for Friday, Feb 25th

Dear Property Owner

The public hearing for SB 70-FN has been changed to:

FRIDAY, FEBRUARY 25
COMMERCE, Room 102, LOB In Concord at 9:30 a.m.

Please change your calenders. Talk to your neighbor landlords and ask them to join us on this date.

SENATE BILL 70
This bill shortens the time period during which a landlord is required to store a tenant's abandoned property - 28 days to 7 days. The bill also repeals the right to a private action under the consumer protection act for violation of certain landlord-tenant laws - $1,000 per day fines.

Remember, all the tenant activists and pro-tenant assistance groups will be there to oppose this bill. If you are not there, they will succeed in killing this bill. Make your voice count - be there!

Friday, February 18, 2011

Landlord Action Alert - Important Hearing Feb 24th

Dear Property Owner

The public hearing for SB 70-FN has been announced:

THURSDAY, FEBRUARY 24
COMMERCE, Room 102, LOB at 9:30 a.m.

NHPOA is asking for your support in Concord to push the passage of SB 70. The time is now. Join us to make a change - don't leave it to others.

SENATE BILL 70

AN ACT relative to remedies in landlord-tenant actions.
SPONSORS: Sen. De Blois, Dist 18
COMMITTEE: Commerce - Sen. Prescott (C), Sen. White (VC), Sen. De Blois, Sen. Houde, Sen. Sanborn

ANALYSIS

This bill shortens the time period during which a landlord is required to store a tenant's abandoned property. The bill also repeals the right to a private action under the consumer protection act for violation of certain landlord-tenant laws.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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:

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.

2 Repeal. RSA 540-A:4, IX, relative to the landlord and tenant's right to a private action under RSA 358-A:10, is repealed.

3 Effective Date. This act shall take effect January 1, 2012.

Repeal RSA 540-A:4 IX - Landlords are being made to pay tenants a $1000.00/day in fines!!!!

Any landlord or tenant who violates RSA 540-A:2 or RSA 540-A:3 shall be subject to the civil remedies in RSA 358-A:10. Each day that a violation continues shall constitute a separate violation. If the court finds for the plaintiff, recovery shall be in the amount of actual damages or $1,000, whichever is greater. If the court finds that the act was a willful or knowing violation of this chapter, it shall award as much as 3 times, but not less than 2 times, such amount. In addition, a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorney's fees, as determined by the court.

Please don't think this won't happen to you!

In December 2009, a NH tenant who had failed to pay rent, broken his lease and voluntarily vacated the apartment (after handing back his keys) was awarded over $40,000.00 in civil damages - Apparently he had been denied access to his apartment, as it had been subsequently rented to another person. In addition to the $40,000.00 award, the Landlord is now receiving threats from other tenants in the building that they will not be paying their rent. The tenants argue that if they were to sue, they could get $50,000.00, so the Landlord should consider non-payment of rent, a small price to pay.

In the past year NHPOA members have heard of four other similar cases.

Building departments, code enforcement officers, Legal Assistance and tenant attorneys are aware of this law. They are providing free advice to your tenants! How long do you think it is going to take for you to run into a savvy /sophisticated tenant who figures out how this abuse of the system works.

Change storage period to 7 days - Too often landlords have to wait for the full 28 days to pass before taking possession of their property once a tenant has vacated. Most landlords have been in this situation after months of non-payment of rental. On a best case scenario it can take three months to evict someone if they decide to "store" their belongings with the landlord for 28 days rent free.

We have to take a strong stand against these abuses. Please support us to ensure the passage of Senate Bill 70-FN.

It is obvious that this bill is critical in restoring the balance in landlord-tenant matters. We need your support. If you cannot attend the hearings - call or write to your Senator.

Now is the time to make the changes we desperately need. Come to Concord and make the Senate understand your problems as a landlord. Your presence makes a greater impact than a letter or a phone call.

Remember, all the tenant activists and pro-tenant assistance groups will be there to oppose this bill. If you are not there, they will succeed in killing this bill. Make your voice count - be there!

Click here for the current Senate Members: NH Senate Member List

About NHPOA
The New Hampshire Property Owners Association (NHPOA) is the largest rental property owner association in the state. The NHPOA is a non-profit group made up of rental property owners, managers and others with similar business affiliations. Our members are predominantly "mom and pop" landlords, who live in two or three-family homes, or run part-time or full-time rental businesses.

As rental property owners, we currently face the toughest economic climate we are likely to see in a generation. In addition, we are on the wrong side of some of the toughest pro-tenant legislation in the nation. The only way to ensure growth and stability in this climate is to create favorable legislation and educate our members.

Your financial, physical and vocal support helps us to:

* Press for reform of landlord-tenant laws in New Hampshire;
* Educate the public, the media and legislators about property owner issues;
* Educate property owners;
* Organize grassroots lobbying and campaigning;

Join or renew now at http://nhpoa.org

Debbie Valente
New Hampshire Property Owners Association
(603) 881-3682

Sunday, February 6, 2011

Landlord Action Alert

Landlord Action Alert from the NHPOA

Dear Property Owner

NHPOA is asking for your support in Concord to push the passage of the following bills which promote Landlord Rights!

SENATE BILL 44
AN ACT relative to payment of rent pending a landlord-tenant action.

SPONSORS: Sen. Boutin, Dist 16; Sen. Sanborn, Dist 7; Sen. Carson, Dist 14; Rep. Jasper, Hills 27; Rep. Infantine, Hills 13; Rep. W. Hutchinson, Hills 9; Rep. Packard, Rock 3

COMMITTEE: Judiciary

ANALYSIS

This bill requires the tenant to pay rent on a weekly basis pending an eviction proceeding.

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.

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to payment of rent pending a landlord-tenant action.

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

1 Landlord-Tenant Action; Payment of Rent. Amend RSA 540:13, II(a) to read as follows:
(a) If the tenant wishes to contest the eviction, [he] the tenant must file an appearance in the district court no later than the return day appearing on the writ and shall pay, on a weekly basis with the first payment due upon the filing of the appearance, all rent as it becomes due between the date of the appearance and the date that final judgment is issued. Otherwise, judgment shall be issued in favor of the landlord. The court shall retain 10 percent of such funds as an administration fee, and the balance of such funds shall be distributed to the prevailing party in the eviction action.

2 Effective Date. This act shall take effect January 1, 2012.

The public hearing for this bill has not yet been determined. We will notify you as soon as a date has been set. We are notifying you of these bills so that you have some notice that the hearing will take place within the next two weeks. Your presence is encouraged. The last landlord bill presented before the House Judiciary Committee was not well attended by landlords. The committee followed the view that the bill was not important to landlords, otherwise there would have many landlords physically present to voice their support. These bills are very important to all landlords throughout the state - please make every effort to attend the public hearings.


SENATE BILL 70

AN ACT relative to remedies in landlord-tenant actions.

SPONSORS: Sen. De Blois, Dist 18

COMMITTEE: Commerce

ANALYSIS

This bill shortens the time period during which a landlord is required to store a tenant's abandoned property. The bill also repeals the right to a private action under the consumer protection act for violation of certain landlord-tenant laws.

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.

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:

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.

2 Repeal. RSA 540-A:4, IX, relative to the landlord and tenant's right to a private action under RSA 358-A:10, is repealed.

3 Effective Date. This act shall take effect January 1, 2012.

The public hearing for this bill has also not yet been determined. We will notify you as soon as a date has been set.

It is obvious that these bills are critical in restoring the balance in landlord-tenant matters. We need your support. If you cannot attend the hearings - call or write to your Senator.

Now is the time to make the changes we desperately need. Come to Concord and make the Senate understand your problems as a landlord. Your presence makes a greater impact than a letter or a phone call.

Click here for the current Senate Members: http://gencourt.state.nh.us/senate/members/

About NHPOA
The New Hampshire Property Owners Association (NHPOA) is the largest rental property owner association in the state. The NHPOA is a non-profit group made up of rental property owners, managers and others with similar business affiliations. Our members are predominantly "mom and pop" landlords, who live in two or three-family homes, or run part-time or full-time rental businesses.

As rental property owners, we currently face the toughest economic climate we are likely to see in a generation. In addition, we are on the wrong side of some of the toughest pro-tenant legislation in the nation. The only way to ensure growth and stability in this climate is to create favorable legislation and educate our members.

Your financial, physical and vocal support helps us to:

* Press for reform of landlord-tenant laws in New Hampshire;
* Educate the public, the media and legislators about property owner issues;
* Educate property owners;
* Organize grassroots lobbying and campaigning;

Join or renew now http://nhpoa.org

Debbie Valente
New Hampshire Property Owners Association

(603) 881-3682

NHPOA - Manchester Chapter Meeting

NHPOA
Manchester Chapter Meeting

When: Monday, February 14th at 6:30pm

Where: 168 Amory Street Manchester, NH

Speaker: Attorney Brian Shaughnessy

Topic: Landlord and Tenant discrimination laws