§ 451-C:11 — Sale of Personal Property

I. If after 30 days, any of the rent, charges, fees, or expenses remain unpaid, the owner may remove any locks, may remove any personal property from the rented space and retain such personal property, and after first satisfying the notice provisions of RSA 451-C:8 and RSA 451-C:10, may proceed to sell such personal property to satisfy the lien. The owner may sell such personal property as a unit or in parcels at a private or public sale. The sale may be conducted in person or online where the property is held or stored or through a publicly accessible Internet website.
II. Proceeds from the sale shall be distributed as provided in paragraph III. If proceeds of the sale are not sufficient to satisfy the renter's outstanding obligations to the owner, the renter remains liable to the owner for such deficiency. A renter who purposely or knowingly accesses a rented space or removes property from a rented space after being denied access in accordance with RSA 451-C:6 may be prosecuted under RSA 635:2 and RSA 638:9.
III. The proceeds shall first be applied to satisfy such rent, charges, fees, and expenses. Proceeds remaining after the sale and payment of rent, charges, fees, and expenses to the owner shall then be held for 90 days from the date of sale for delivery on demand to any lienholders of record or to the renter. If the balance is not claimed after 90 days, the owner shall report the balance in accordance with RSA 471-C:19.

Legislative History

2019, 242:1, eff. Oct. 10, 2019.