HB1196: relative to the amount of a money judgment for unpaid rent.

HB 1196 - AS INTRODUCED

2016 SESSION

16-2043

05/09

HOUSE BILL 1196

AN ACT relative to the amount of a money judgment for unpaid rent.

SPONSORS: Rep. Chirichiello, Rock. 6; Rep. Beaudoin, Straf. 9; Rep. Burt, Hills. 39; Rep. Potucek, Rock. 6; Rep. Spillane, Rock. 2; Rep. Jones, Straf. 24; Rep. Simmons, Hills. 17; Rep. Lachance, Hills. 8; Rep. K. Rice, Hills. 37

COMMITTEE: Judiciary

ANALYSIS

This bill increases the maximum money judgment awarded in a landlord-tenant case from $1500 to $5000.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2043

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT relative to the amount of a money judgment for unpaid rent.

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

1 Actions Against Tenants; Money Judgment. Amend RSA 540:13, III to read as follows:

III. The writ of summons and the notice provided in paragraph II shall be returnable 7 days from the date of service of the writ by the sheriff. The writ of summons shall provide an opportunity for the landlord, at the landlord's option, to make a claim for an award of unpaid rent. If the landlord elects to make a claim for unpaid rent, the court shall consider any defense, claim, or counterclaim by the tenant which offsets or reduces the amount owed to the plaintiff. If the court finds that the landlord is entitled to possession on the ground of nonpayment of rent, it shall also award the landlord a money judgment. If the court determines that the amount owed by the landlord to the tenant, as a result of set-off or counterclaim exceeds or equals the amount of rent and other lawful charges owed by the tenant to the landlord, judgment in the possessory action shall be granted in favor of the tenant. If the court finds that the tenant's counterclaim exceeds the amount of the nonpayment, a money judgment shall issue in favor of the tenant. Any decision rendered by the court related to a money judgment[,] shall be limited to a maximum of [$1,500] $5,000 and shall not preclude either party from making a subsequent claim in a court of competent jurisdiction to recover any additional amounts not covered by the [$1,500] $5,000 judgment.

2 Effective Date. This act shall take effect January 1, 2017.