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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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