NH RSA 540 new landlord law
Thursday, January 27th, 2011
The new NH RSA 540 restricted property law will impact landlords effective Feb. 1, 2011.
If you are a landlord, who owns restricted property, you should be aware of a new law under RSA 540:1-b.
If you are an owner of restricted property who resides within the state, you must file a statement with the town or city clerk of the municipality in which the property is located, providing the name, address and telephone number of a person within the state who is authorized to accept service of process for any legal proceeding brought against the owner relating to the property. The owner of the premise can be the individual authorized to accept service.
The definition of Restricted property is all real property rented for residential purposes excluding:
1. Owners of single-family houses if the owner of such a house does not own more than three single-family houses at any one time,
2. Rental units in an owner-occupied building containing a total of four dwelling units or fewer, or single-family houses acquired by banks or other mortgagees through foreclosure.
If the landlord is not a New Hampshire resident, he or she must file a statement with the municipality providing the name of an agent of someone who does reside in the state and who is authorized to accept service of process brought against the owner.
If you are are landlord affect by RSA 540, the New Hampshire Association of Realtors (NHAR) has suggested you contact your municipality to confirm to whom the letter should be sent and to certified the mailing for proof that notification was given.
Municipalities have the right to enforce fines of up to $1,000 for failure to comply starting Feb. 1. With the current shortfall in Municipality budgets these days we recommend not testing their right.
If you are a landlord, who owns restricted property, you should be aware of a new law under RSA 540:1-b.
If you are an owner of restricted property who resides within the state, you must file a statement with the town or city clerk of the municipality in which the property is located, providing the name, address and telephone number of a person within the state who is authorized to accept service of process for any legal proceeding brought against the owner relating to the property. The owner of the premise can be the individual authorized to accept service.
The definition of Restricted property is all real property rented for residential purposes excluding:
1. Owners of single-family houses if the owner of such a house does not own more than three single-family houses at any one time,
2. Rental units in an owner-occupied building containing a total of four dwelling units or fewer, or single-family houses acquired by banks or other mortgagees through foreclosure.
If the landlord is not a New Hampshire resident, he or she must file a statement with the municipality providing the name of an agent of someone who does reside in the state and who is authorized to accept service of process brought against the owner.
If you are are landlord affect by RSA 540, the New Hampshire Association of Realtors (NHAR) has suggested you contact your municipality to confirm to whom the letter should be sent and to certified the mailing for proof that notification was given.
Municipalities have the right to enforce fines of up to $1,000 for failure to comply starting Feb. 1. With the current shortfall in Municipality budgets these days we recommend not testing their right.
