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.