New Hampshire Revised Statutes 356-C:6 – Eviction Protection
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Once notice has been served on the tenant in accordance with N.H. Rev. Stat. § 356-C:3, I or II, the tenant shall not be evicted from his dwelling unit except upon the following grounds:
I. Nonpayment of rent or other reasonable charges due under the lease or rental agreement, provided that:
(a) No owner or his agent shall charge, and no tenant shall be liable for, any rent increase other than increases which are based on the unit’s pro rata share of increases in insurance, fuel oil, gas, electricity, water or sewer costs, real property taxes and maintenance and operational expenses, which directly or indirectly benefit the tenant. Rental increases are prohibited if based on:
(1) Assessments against the unit for improvements to the converted property; and
(2) Increased tax assessments due to conversion of the residential property of which the unit is a part;
(b) In any action for nonpayment based on the tenant’s failure to pay an increase, the court shall determine how much of the proposed increase is permissible and allow the tenant 30 days to pay such sum. If the tenant pays the amount of the increase ordered by the court within the 30 day period, any eviction action shall be dismissed.
II. Failure of the tenant to comply with material terms of the lease or rental agreement if the tenant is first given written notice of the failure to comply and a reasonable opportunity to comply;
III. Damage by the tenant to the dwelling unit, reasonable wear and tear excepted, and failure by the tenant to repair the damage within a reasonable time;
IV. Repeated conduct of the tenant which disturbs the peace and quiet of other tenants;
V. Expiration of the notice period under N.H. Rev. Stat. § 356-C:3, I or II; or
VI. If applicable, there is no longer in residence in the dwelling unit an elderly or disabled tenant of the tenant household who occupied the unit at the time the notice was given under N.H. Rev. Stat. § 356-C:3, I or II.
I. Nonpayment of rent or other reasonable charges due under the lease or rental agreement, provided that:
Terms Used In New Hampshire Revised Statutes 356-C:6
- Conversion: means a change in the character of residential real property from a rental to an ownership basis. See New Hampshire Revised Statutes 356-C:1
- Disabled tenant: means a tenant who is receiving aid to the totally and permanently disabled from the New Hampshire division of human services, disability benefits from the social security administration or benefits for total disability from the department of veterans affairs. See New Hampshire Revised Statutes 356-C:1
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Tenant: means a person who has entered into a lease or other contractual arrangement with the owner. See New Hampshire Revised Statutes 356-C:1
- Tenant household: means one or more persons, whether related or not, who occupy a dwelling unit in residential real property on a rental basis pursuant to a valid lease or oral or written rental agreement. See New Hampshire Revised Statutes 356-C:1
(a) No owner or his agent shall charge, and no tenant shall be liable for, any rent increase other than increases which are based on the unit’s pro rata share of increases in insurance, fuel oil, gas, electricity, water or sewer costs, real property taxes and maintenance and operational expenses, which directly or indirectly benefit the tenant. Rental increases are prohibited if based on:
(1) Assessments against the unit for improvements to the converted property; and
(2) Increased tax assessments due to conversion of the residential property of which the unit is a part;
(b) In any action for nonpayment based on the tenant’s failure to pay an increase, the court shall determine how much of the proposed increase is permissible and allow the tenant 30 days to pay such sum. If the tenant pays the amount of the increase ordered by the court within the 30 day period, any eviction action shall be dismissed.
II. Failure of the tenant to comply with material terms of the lease or rental agreement if the tenant is first given written notice of the failure to comply and a reasonable opportunity to comply;
III. Damage by the tenant to the dwelling unit, reasonable wear and tear excepted, and failure by the tenant to repair the damage within a reasonable time;
IV. Repeated conduct of the tenant which disturbs the peace and quiet of other tenants;
V. Expiration of the notice period under N.H. Rev. Stat. § 356-C:3, I or II; or
VI. If applicable, there is no longer in residence in the dwelling unit an elderly or disabled tenant of the tenant household who occupied the unit at the time the notice was given under N.H. Rev. Stat. § 356-C:3, I or II.