HB 261 - AS INTRODUCED
2023 SESSION
23-0285
05/10
HOUSE BILL 261
SPONSORS: Rep. Read, Rock. 10; Rep. Levesque, Straf. 4; Rep. Newell, Ches. 4; Rep. Seibert, Hills. 21; Rep. Staub, Hills. 25; Rep. Veilleux, Hills. 34; Rep. Kenney, Straf. 10; Sen. Perkins Kwoka, Dist 21; Sen. Altschiller, Dist 24
COMMITTEE: Judiciary
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ANALYSIS
This bill permits residential tenants to terminate their lease in instances of domestic violence or following a disabling illness or accident, and describes the written documentation required.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0285
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Sections; Termination of Lease by Tenant Due to Domestic Violence or Disability. Amend RSA 540 by inserting after section 11-a the following new sections:
540:11-b Termination of Lease; Victims of Domestic Violence.
I. As used in this section:
(a) “Domestic abuse victim” has the same meaning as victim of domestic abuse in RSA 173-B:1.
(b) “Household member” means a member of the tenant’s family who lives in the same household as the tenant.
(c) “Sexual assault victim” has the same meaning as defined in RSA 632-A.
(d) “Stalking victim” has the same meaning as defined in RSA 633:3-a.
II.(a) A tenant who meets the requirements established in this paragraph may terminate a residential rental or lease agreement entered into or renewed on or after July 1, 2023, upon the tenant providing the landlord with written notice stating that the tenant or household member is a domestic abuse victim, sexual assault victim, or stalking victim, regardless of whether the victim is an adult or a child. In order for a tenant to terminate the tenant’s rights and obligations under the rental or lease agreement and vacate the dwelling without liability for future rent and early termination penalties or fees, the tenant must provide the landlord with:
(1) Written notice requesting release from the rental or lease agreement;
(2) A mutually agreed upon release date within the next thirty (30) days from the date of the written notice; and
(3) One of the following:
(A) A copy of a valid order of protection issued or extended pursuant to RSA 173-B following a hearing at which the court found by a preponderance of the evidence that the tenant or household member is a domestic abuse victim, sexual assault victim, or stalking victim, regardless of whether the victim is an adult or child; or
(B) Documentation evidencing a criminal charge of domestic abuse, sexual assault, or stalking, based on a police report reflecting that the tenant or household member was subject to domestic abuse, sexual assault, or stalking, regardless of whether the alleged victim is an adult or a child.
(b) The documentation the tenant offers in support of the termination request must be dated no more than 60 days prior to the tenant’s notice to the landlord.
III.(a) Unless otherwise required by law or a court of competent jurisdiction, a landlord shall not reveal any identifying information concerning a tenant who has terminated a rental or lease agreement pursuant to this section without the written consent of the tenant.
(b) As used in this paragraph, “identifying information” means any information that could reasonably be used to locate the former tenant or household member, including a home or work address, telephone number, or social security number.
IV. The tenant shall vacate the premises within 30 days of giving notice to the landlord or at any other time as may be agreed upon by the landlord and the tenant.
V. A tenant terminating the rental or lease agreement pursuant to this section is responsible for:
(a) The rent payment for the full month in which the tenancy terminates; and
(b) The previous obligations outstanding on the termination date.
VI. This section does not:
(a) Release other parties to the rental or lease agreement from the obligation under the rental or lease agreement;
(b) Authorize the landlord to terminate the tenancy and cause the eviction of a residential tenant solely because the tenant or a household member is a domestic abuse victim, sexual assault victim, or stalking victim, regardless of whether the victim is an adult or child; or
(c) Authorize the landlord or tenant, by agreement, to waive or modify any provision of this section other than paragraph IV.
540:11-c Termination of Lease; Disability or Accident.
I. Notwithstanding any provision in a rental agreement to the contrary, a tenant who suffers a disabling illness or accident may terminate the rental agreement by giving the landlord written notice of termination effective at the end of the current rental period or 30 days after the notice is provided to the landlord, whichever occurs sooner.
II. The written notice provided to a landlord under paragraph I shall describe the reason for termination of the rental agreement and be accompanied by written documentation indicating how, as a result of disability, the rental property is no longer enjoyable or suitable for the tenant.
III. A tenant who terminates a rental agreement pursuant to this section is only liable, if solely or jointly liable for purposes of the rental agreement, for any rent owed or required to be paid through the date of termination and any other outstanding obligations. If the tenant has paid a security deposit, the deposit shall not be withheld for the early termination of the rental agreement if the rental agreement is terminated pursuant to this section.
2 Effective Date. This act shall take effect January 1, 2024.