RSA 540:11-b · Termination of Lease by Tenant Due to Domestic Violence

540:11-b Termination of Lease by Tenant Due to Domestic Violence. –

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I.

A tenant may terminate his or her lease or rental agreement when:

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(a)

The tenant or household member within the most recent 150 days residing at the current premises, has been a victim of domestic violence as defined in RSA 173-B, sexual assault as defined in RSA 632-A, or stalking as defined in RSA 633:3-a; or

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(b)

Within the most recent 150 days, an event occurs relative to the victim of past domestic violence as defined in RSA 173-B, sexual assault as defined in RSA 632-A, or stalking as defined in RSA 633:3-a, that, in conjunction with the past abuse, causes a victim lessee or victim household member to fear for their safety.

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(c)

Provided that:

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(1)

The tenant or household member of a tenant who is the victim provides the lessor or owner with written verification that the tenant or household member of a tenant has obtained a valid protective order against the perpetrator of the domestic violence, sexual assault stalking; or

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(2)

The tenant or household member of a tenant who is the victim:

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(A)

Initiates legal action to obtain a protective order and provides written verification thereof to the lessor or owner;

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(B)

Reports the domestic violence, sexual assault, or stalking to a law enforcement agency and provides written verification thereof to the lessor or owner;

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(C)

Provides written verification from a law enforcement official, victim's advocate, attorney or health care provider that he or she is a victim of domestic violence, sexual assault, or stalking;

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(D)

Provides a signed self-certification form provided by the circuit court. The circuit court shall develop and provide forms for self-certification modeled after those developed by the New Hampshire housing finance authority in accordance with the Violence Against Women Act, 24 CFR section 5.2007(b)(1)(i). The self-certification form developed by the circuit court shall include the same information as is required by 24 CFR section 5.2005(a)(1)(ii); and

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(i)

Language swearing that the facts provided by the tenant in the self-certification form are true and accurate to the best of their knowledge and recollection; and

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(ii)

Language informing the tenant that false statements may be subject to criminal penalties, including potentially perjury.

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II.

The written verification provided to the lessor or owner, including the fact that an individual is a victim of domestic violence, sexual assault, or stalking, shall be maintained in strict confidence. The lessor or owner shall not disclose this information to any other entity or individual, except to the extent that disclosure is:

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(a)

Requested or consented to in writing by the tenant or household member of the tenant who is the victim of domestic violence, sexual assault, or stalking;

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(b)

Relevant and reasonably necessary for use in an eviction proceeding or hearing regarding termination of housing assistance; or

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(c)

Otherwise required by applicable law.

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III.

The tenant who has given notice pursuant to paragraph I shall vacate the premises within 30 days of giving notice to the landlord or at any other time as may be agreed upon by the landlord and the tenant.

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IV.

For the purposes of determining rent owed, a tenant who terminates a lease or rental agreement pursuant to this section is only liable, if solely or jointly liable for purposes of the lease or rental agreement, for rent owed through the date of termination or the date the tenant actually vacates the premises, whichever is later. The security deposit, if any, shall remain applied to the rental of the premises until all tenants have vacated, at which time the security deposit shall be returned pursuant to RSA 540-A:7. Source. 2024, 9:2, eff. Jan. 1, 2025.

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