POTENTIAL CHANGES TO LANDLORD PROPERTY STORAGE AND MUNICIPAL FILING REQUIREMENTS (SB 70)

Courtesy of the NH Board of Realtors

POTENTIAL CHANGES TO LANDLORD PROPERTY STORAGE AND MUNICIPAL FILING REQUIREMENTS (SB 70)

Please note emphasis on the words POTENTIAL CHANGES.

The House Judiciary Committee voted to recommend passage of SB 70, which lowers the time in which a landlord must store tenant’s belongings after they have vacated the property. Currently, a landlord must store the belongings for 28 days.

Under this bill, the landlord would need to store the tenant’s belongings for just seven days after the tenant vacates. The bill also states that if a landlord violates the statute, he or she will only be subject only to an award of actual damages, plus costs and reasonable attorney’s fees.

The Judiciary Committee also inserted an important amendment to SB 70. The amendment removes the requirement that landlords must file, with the municipality in which the property is located, a statement that includes the name of an individual residing in New Hampshire who is authorized to accept service of process for any legal proceeding brought against the owner relating to the restricted property.

This requirement went into effect on Jan. 30 of this year. The original intent of the legislation was to make legal service on out-of-state landlords easier for municipalities but ended up compelling all landlords in the state to comply.

If signed by the Governor, this bill will go into effect on Jan. 1, 2012.