EVICTIONS DURING THE COVID-19 STATE OF EMERGENCY

                The COVID-19 pandemic has created very difficult situations for many people. In the context of landlord/tenant relationships, it has created significant concerns among both landlords and tenants about what their rights are.

                Before the pandemic and emergency orders, evictions were conducted through the process outlined in RSA 540. While this process is still the law of New Hampshire, it has been modified significantly by Governor Sununu’s emergency orders. The first modification was Emergency Order #4 (found here: https://www.governor.nh.gov/sites/g/files/ehbemt336/files/documents/emergency-order-4.pdf). This provides that any attempt to begin or prosecute eviction actions would likely be deemed a violation of RSA 540-A, New Hampshire’s prohibited practices statute for landlord/tenant relationships. These violations could result in a fine of $1,000, attorney’s fees, and double or treble damages. This was designed to protect those who have lost jobs and cannot afford to pay their rent.

                Like most rules, there are exceptions. The Governor issued Emergency Order #24 (found here: https://www.governor.nh.gov/sites/g/files/ehbemt336/files/documents/emergency-order-24.pdf), which modified the above emergency order #4. This allowed evictions to proceed where there are lease violations that cause substantial damage, or substantially adversely affect the safety of other persons in the residence. It also allows evictions to proceed where the tenant has abandoned the property.

                While it is unknown how long the emergency orders will remain in effect, it is important to seek the assistance of a legal professional if you find yourself either facing an eviction, or if you are a landlord with a tenant that has caused distress or is simply not paying rent.

                If you need assistance, please contact the experienced lawyers at Parnell, Michels & McKay.

NEW STATUTE MAKES IT EASIER TO SUBMIT MEDICAL BILLS AT TRIAL SAVING VALUABLE TIME FOR MEDICAL FACILITIES

                In an effort to make trials easier, and the burden less on medical providers, Parnell, Michels & McKay’s own Rory Parnell provided substantial input and testimony relative to the new bill known as RSA 516:29-c, which allows medical bills to be submitted without the need to call the keeper of the records or doctors to testify the records are accurate.

                This effort was made primarily to make it easier on medical providers to submit bills and not subject their office manager, record keepers, or managing doctors to be forced to testify by insurance defense counsel to submit simple medical bills. While this is allowed for all cases where the medical bills are lower than $25,000, it is an important step for lessening the burden on local medical providers and their staff.

                This also benefits normal working folks who are injured due to no fault of their own in keeping trial costs down, and making it easier to try a case. This also reduces court time, and allows courts and juries to focus on important issues in cases.

                While the insurance industry was not supportive of the idea, there were various attorneys who practice insurance defense who recognized the efficiency of this new statute. Moreover, many medical providers were in support of the bill, which allowed them to focus on treatment of their patients.

                If you need assistance because you were injured in a car accident, motorcycle accident, trucking accident, workplace injury, or other injuries, contact the experienced attorneys at Parnell, Michels & McKay to get the fair resolution you deserve.