540:2 Termination Of Tenancy

Last revised 1985 § 1 Comment

I. The lessor or owner of nonrestricted property may terminate any tenancy by giving to the tenant or occupant a notice in writing to quit the premises in accordance with RSA 540:3 and 5.

II. The lessor or owner of restricted property may terminate any tenancy by giving to the tenant or occupant a notice in writing to quit the premises in accordance with RSA 540:3 and 5, but only for one of the following reasons:

  • (a) Neglect or refusal to pay rent due and in arrears, upon demand.
  • (b) Substantial damage to the premises by the tenant, members of his household, or guests.
  • (c) Failure of the tenant to comply with a material term of the lease.
  • (d) Behavior of the tenant or members of his family which adversely affects the health or safety of the other tenants or the landlord or his representatives, or failure of the tenant to accept suitable temporary relocation due to lead-based paint hazard abatement, as set forth in RSA 130-A:8-a, I.
  • (e) Other good cause.
  • (f) The dwelling unit contains a lead exposure-hazard which the owner will abate by:
    • (1) Methods other than interim controls or encapsulation;
    • (2) Any other method which can reasonably be expected to take more than 30 days to perform; or
    • (3) Removing the dwelling unit from the residential rental market.
  • III. If the grounds for eviction is other good cause as set forth in paragraph II(e) of this section, and such cause is based on the actions or inactions of the tenant, members of his family, or guests, the landlord shall, prior to the issuance of the eviction notice, provide the tenant with written notice stating that in the future such actions or inactions would constitute grounds for eviction. Such notice shall be served in accordance with RSA 540:5 or by certified mail.

    IV. A tenant’s refusal to agree to a change in the existing rental agreement calling for an increase in the amount of rent shall constitute good cause for eviction under paragraph II(e) of this section, provided that the landlord provided the tenant with written notice of the amount and effective date of the rent increase at least 30 days prior to the effective date of the increase.

    V. “Other good cause” as set forth in paragraph II(e) of this section includes, but is not limited to, any legitimate business or economic reason and need not be based on the action or inaction of the tenant, members of his family, or guests.

    VI. No tenancy shall be terminated for nonpayment of rent if:

  • (a) The tenant was forced to take over the landlord’s utility payments in order to prevent utility services, which the landlord agreed to provide, from being terminated;
  • (b) The amount of rent which the tenant is in arrears does not exceed the amount paid by the tenant to maintain utility service to the tenant’s premises; and
  • (c) The tenant has receipts from the utility company or other proof of payment of the amount paid to maintain utility service.
  • Revisions

    RS 209:1. CS 222:1. GS 231:1. GL 250:1. PS 246:2. PL 357:2. RL 413:2. RSA 540:2. 1985, 249:2. 1993, 325:5, 6. 1996, 139:2. 2006, 192:1, eff. Jan. 1, 2007.

    Area of Law

    Source

    http://www.gencourt.state.nh.us/rsa/html/LV/540/540-2.htm

    § One Response to 540:2 Termination Of Tenancy

    • I have a commercial tenant who is two and a half months in arrears on his rent payments, plus owes sever hundred dollars for common area maintenance. I want to serve him with a notice to pay up or quit the premises. But, I do not want to forfeit the remainder of the lease which is in effect through December 2013. What should I do? I do not want to wait too long and then loose my rights to collect.

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