Monday, September 28, 2015

Legislative Update - Temporarily no more eviction workouts with tenants. Switching to 2016 legislative season soon.

Howdee everyone,
LSRs, the beginning process for a new bill, have started to come out for the 2016 season.  As we have done for the past few years we will keep you in touch with what is “coming down the pike”.
One huge change that has happened in the past few months relates to a NH Supreme court case this year.
The extremely short version of the case analysis is that any eviction work out agreement between landlord and tenant that involves future rent will be denied.
It has often been the case that during an eviction hearing at court a landlord would offer an agreement where the tenant would pay weekly rent plus an extra amount to get caught up.  If the tenant did not make the weekly payment the landlord would ask for and receive a writ of possession with out starting the eviction all over again.
That type of arrangement would involve rents future to the court date and now will not be allowed.
Both the landlord side and tenant side of this feel the supreme court decision to be a tragedy and hurts both sides.
Interestly, we are in communication with NHLA to cowrite a bill that will fix the situation.  It will be one of our major bills this next legislative season.
For now, it is advised to NOT make any eviction work out agreements at court.
The supreme court case analysis is located at 
Love & Light,
Nick Norman
Director of Legislative Affairs

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