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Created on: November 17, 2011 Last Updated: November 20, 2011
New Hampshire tenant and landlord laws were created in an effort to prevent conflicts between the two parties and to create win-win situations. If you are a landlord or a tenant, it is advisable that you understand your legal rights and responsibilities. Here is a brief overview of New Hampshire tenant-landlord laws.
As per the New Hampshire tenant landlord laws, the tenant is obligated to pay the rent as stipulated in the rental agreement. The owner of a residential property should file a statement with the town or city clerk of the municipality in which the property is located within 30 days of becoming the owner.
This statement should contain the name, address and telephone number of the person authorized to accept responsibility of the property. The person may be the owner or anyone authorized by the owner. The owner has to authorize someone by following the above procedure if he/she resides outside the state.
The owner has a right to access the rental property for conducting repairs, after issuing prior notification of the same to the tenant. The tenant has to report changes in income to New Hampshire Housing. The owner has to collect a security deposit as directed under the New Hampshire state law. The owner has a right to allow only those occupants to stay on the rental property whose names would be listed in the agreement.
The owner of a residential property may terminate the tenancy by giving a written notice to the tenant. Here are some valid reasons for termination.
1) The tenant refuses to pay the rent which is due.
2) The occupancy results substantial damage to the property.
3) The tenant continues to occupy the property even after expiration of the rental agreement.
4) The behavior of the tenant or any member of his/her family affects the health of the owner or other tenants.
The law also allows for "other good causes" for termination of tenancy. The guidelines for issuing the termination notice are available in RSA 540:5.
The tenant may terminate the rental agreement for any of the below mentioned reasons.
1) The tenant is a member of the United States Army Reserve or National Guard and he is called to active duty.
2) The tenant is a member of the armed services and is reassigned to a location out of New Hampshire.
The tenant has to give a notice of termination to the owner within 7 days from the date he would have received communication from his employer. The tenant may refer Servicemembers Civil Relief Act, Public Law 108-189, Section 305 for guidance.
If the provisions of federal law are inconsistent with the provisions of Chapter 540, the federal law shall supersede the provisions of this chapter. Any stipulation in the rental agreement which conflicts with the law is not enforceable.
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