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HB1598: (New Title) relative to notice and proceedings for tenants and landlords engaged in eviction processes.
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RSA references from bill data
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540
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eneral Prohibition. I. No landlord shall willfully violate a tenant's right to quiet enjoyment of his tenancy or attempt to circumvent lawful procedures for eviction pursuant to RSA 540. [No tenant shall willfully damage the property of the landlord or prevent completion of necessary repairs or willfully deny tenants their right to quiet enjoyment of their tenancies.] II. No tenant, members of the ten
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540:13
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rocesses. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Actions Against Tenants; Writ; Service; Discovery; Record; Default. Amend RSA 540:13, II-V to read as follows: II. The writ shall be accompanied by a notice from the district court, printed in no smaller than 12-point type, informing the tenant that: (a) If the tenant wishes to contest the eviction, h
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540:13-C
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hearing on the merits should not be granted without good cause or by agreement of the parties. 2 Actions Against Tenants; Discretionary Stay Dependent on Payment of Rent. Amend RSA 540:13-c, I to read as follows: I. Any tenant default under this chapter shall preclude any discretionary stay. If the defendant [defaults, or] confesses judgment, or if on trial the court rules that the landlord has sustained
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540:14
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kly payment a writ of possession shall be issued forthwith and the sheriff shall evict the tenant as soon as possible. 3 New Paragraph; Actions Against Tenants; Judgment. Amend RSA 540:14 by inserting after paragraph IV the following new paragraph: V. No delay of service by the sheriff shall later invalidate a writ of possession that was valid when the plaintiff directed the sheriff to serve it. 4 Proh
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540-A
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the party who did not receive the documents, the court shall continue the hearing for no more than 5 days. [(b)] (d) An award of damages to the plaintiff for the violations of RSA 540-A, breach of warranty of habitability, breach of the covenant of quiet enjoyment or any other claim arising out of the facts alleged in the plaintiff's petition. [(c)] (e) For purposes of RSA 540-A:3, IX: (1) When the d
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540-A:2
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ter invalidate a writ of possession that was valid when the plaintiff directed the sheriff to serve it. 4 Prohibited Practices and Security Deposits; General Prohibitions. Amend RSA 540-A:2 to read as follows: 540-A:2 General Prohibition. I. No landlord shall willfully violate a tenant's right to quiet enjoyment of his tenancy or attempt to circumvent lawful procedures for eviction pursuant to RSA 540.
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540-A:3
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Security Deposits; Remedies. Amend RSA 540-A:4, VII to read as follows: VII. Upon a [showing] ruling of the court follow a hearing on the merits of a violation of RSA 540-A:2 or RSA 540-A:3, I, II, or III, the court shall grant such relief as is necessary to protect the rights of the parties. Such relief may include: (a) An order prohibiting the defendant from continuing the activity or activities which v
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540-A:4
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tenants, the landlord, or the landlord’s agent; or willfully prevent the landlord from making emergency repairs. 5 Prohibited Practices and Security Deposits; Remedies. Amend RSA 540-A:4, VII to read as follows: VII. Upon a [showing] ruling of the court follow a hearing on the merits of a violation of RSA 540-A:2 or RSA 540-A:3, I, II, or III, the court shall grant such relief as is necessary to protec