§ 356-C:6 — Eviction Protection

Once notice has been served on the tenant in accordance with RSA 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 RSA 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 RSA 356-C:3, I or II.

Legislative History

1983, 398:1, eff. June 22, 1983.