What are my son't legal rights when the landlord changes the lease after 4 years to benefit himself?
Full Question:
My son & family have dwelled in a family owned home for almost 4 years. Her parents live right next door and fathers brother was willed the home from their mother. He (landlord) lives in Florida and was going to sell them the house. Stipulated in will can only be sold to family member. They came up with the funding and then he changed his mind. Contacted rental agent in N.H. and presented them with new terms. Rent increased $300.00 p/m. Asking for 1st last security and pet deposit by 7/1/07. Also in lease it reads that they are responsible for any repairs A/C, well, appliances etc. etc. These things are far from brand new and I am hard pressed to believe that any one in their right mind would sign this lease. He gave them 3 weeks notice. They are in mid 20's and scrambling. Is landlord within legal rights? I live in Fla. they in N.H.
06/14/2007 |
Category: Landlord Tenant |
State: New Hampshire |
#6434
Answer:
The answer depends on whether the original lease term had expired when the landlord presented the new lease.
The applicable New Hampshire statutes are as follows:
540:1 Tenancies, Nature of.
Every tenancy or occupancy shall be deemed to be at will, and the
rent payable upon demand, unless a different contract is shown.
540:2 Termination of Tenancy.
I. The lessor or owner of nonrestricted property may terminate any
tenancy by giving to the tenant or occupant a notice in writing to quit
the premises in accordance with RSA 540:3 and 5.
II. The lessor or owner of restricted property may terminate any
tenancy by giving to the tenant or occupant a notice in writing to quit
the premises in accordance with RSA 540:3 and 5, but only for one of the
following reasons:
(a) Neglect or refusal to pay rent due and in arrears, upon demand.
(b) Substantial damage to the premises by the tenant, members of his
household, or guests.
(c) Failure of the tenant to comply with a material term of the lease.
(d) Behavior of the tenant or members of his family which adversely
affects the health or safety of the other tenants or the landlord or his
representatives, or failure of the tenant to accept suitable temporary
relocation due to lead-based paint hazard abatement, as set forth in RSA
130-A:8-a, I.
(e) Other good cause.
(f) The dwelling unit contains a lead exposure-hazard which the owner
will abate by:
(1) Methods other than interim controls or encapsulation;
(2) Any other method which can reasonably be expected to take more than
30 days to perform; or
(3) Removing the dwelling unit from the residential rental market.
[EDITORS' NOTE: THE TEXT OF PARAGRAPH III IS EFFECTIVE UNITL JANUARY 1,
2007, SEE BELOW FOR TEXT EFFECTIVE JANUARY 1, 2007.]
III. If the grounds for eviction is other good cause as set forth in
paragraph II(e) of this section, and such cause is based on the actions or
inactions of the tenant, members of his family, or guests, the landlord
shall, prior to the issuance of the notice to quit, provide the tenant
with written notice stating that in the future such actions or inactions
would constitute grounds for eviction. Such notice shall be served in
accordance with RSA 540:5 or by certified mail.
[EDITORS' NOTE: THE TEXT OF PARAGRAPH III IS EFFECTIVE JANUARY 1,
2007, SEE ABOVE FOR TEXT EFFECTIVE UNITL JANUARY 1, 2007.]
III. If the grounds for eviction is other good cause as set forth in
paragraph II(e) of this section, and such cause is based on the actions or
inactions of the tenant, members of his family, or guests, the landlord
shall, prior to the issuance of the eviction notice, provide the tenant
with written notice stating that in the future such actions or inactions
would constitute grounds for eviction. Such notice shall be served in
accordance with RSA 540:5 or by certified mail.
IV. A tenant's refusal to agree to a change in the existing rental
agreement calling for an increase in the amount of rent shall constitute
good cause for eviction under paragraph II(e) of this section, provided
that the landlord provided the tenant with written notice of the amount
and effective date of the rent increase at least 30 days prior to the
effective date of the increase.
V. "Other good cause" as set forth in paragraph II(e) of this section
includes, but is not limited to, any legitimate business or economic
reason and need not be based on the action or inaction of the tenant,
members of his family, or guests.
VI. No tenancy shall be terminated for nonpayment of rent if:
(a) The tenant was forced, to take over the landlord's utility payments
in order to prevent utility services, which the landlord agreed to
provide, from being terminated;
(b) The amount of rent which the tenant is in arrears does not exceed
the amount paid by the tenant to maintain utility service to the tenant's
premises; and
(c) The tenant has receipts from the utility company or other proof of
payment of the amount paid to maintain utility service.
540:3 Notice to Quit.
[EDITORS' NOTE: THE TEXT OF THIS SECTION IS EFFECTIVE UNITL JANUARY 1,
2007, SEE BELOW FOR SECTION EFFECTIVE JANUARY 1, 2007.]
I. If a nonresidential tenant neglects or refuses to pay rent due and
in arrears, upon demand, 7 days' notice shall be sufficient; if the rent
is payable more frequently than once in 3 months, whether such rent is
due or not, a notice equal to the rent period shall be sufficient, and 3
months' notice shall be sufficient in all cases.
II. For all residential tenancies, 30 days' notice shall be sufficient
in all cases; provided, however, that 7 days' notice shall be sufficient
if the reason for the termination is as set forth in RSA 540:2, II(a),
(b), or (d).
III. The notice to quit shall state with specificity the reason
for the eviction.
IV. If the notice to quit is based on nonpayment of rent, the notice
shall inform the tenant of his right, if any, to avoid the eviction by
payment of the arrearages and liquidated damages in accordance with RSA
540:9.
Source. RS 209:2. CS 222:2. GS 231:2. GL 250:2. PS 246:3. PL 357:3.
1939, 63:1. RL 413:3. RSA 540:3. 1979, 305:2. 1985, 249:3. 1988, 100:1,
eff. June 17, 1988.
540:3 Eviction Notice.
[EDITORS' NOTE: THE TEXT OF THIS SECTION IS EFFECTIVE JANUARY 1,
2007, SEE ABOVE FOR SECTION EFFECTIVE UNITL JANUARY 1, 2007.]
I. If a nonresidential tenant neglects or refuses to pay rent due and
in arrears, upon demand, 7 days' notice shall be sufficient; if the rent
is payable more frequently than once in 3 months, whether such rent is
due or not, a notice equal to the rent period shall be sufficient, and 3
months' notice shall be sufficient in all cases.
II. For all residential tenancies, 30 days' notice shall be sufficient
in all cases; provided, however, that 7 days' notice shall be sufficient
if the reason for the termination is as set forth in RSA 540:2, II(a),
(b), or (d).
III. The eviction notice shall state with specificity the reason for
the eviction.
IV. If the eviction notice is based on nonpayment of rent, the notice
shall inform the tenant of his or her right, if any, to avoid the
eviction by payment of the arrearages and liquidated damages in
accordance with RSA 540:9.
V. For the purpose of interpreting or enforcing any lease or rental
agreement for residential tenants in effect on July 1, 2006, a notice to
quit shall be deemed an eviction notice under this section.
540:11 Termination by Lessee.
A lessee may terminate his lease by notice in writing, in the same
manner as the lessor, and the notice shall have the same effect for all
purposes as a notice by the lessor to the lessee.
540-A:2 General Prohibition.
No landlord shall willfully violate a tenant's right to quiet enjoyment
of his tenancy or attempt to circumvent lawful procedures for eviction
pursuant to RSA 540. No tenant shall willfully damage the property of the
landlord or prevent completion of necessary repairs or willfully deny
tenants their right to quiet enjoyment of their tenancies.
540-A:3 Certain Specific Acts Prohibited.
I. No landlord shall willfully cause, directly or indirectly, the
interruption or termination of any utility service being supplied to the
tenant including, but not limited to water, heat, light, electricity,
gas, telephone, sewerage, elevator or refrigeration, whether or not the
utility service is under the control of the landlord, except for such
temporary interruption as may be necessary while actual repairs are in
process or during temporary emergencies.
II. No landlord shall willfully seize, hold, or otherwise directly or
indirectly deny a tenant access to and possession of such tenant's rented
or leased premises, other than through proper judicial process.
III. No landlord shall willfully seize, hold, or otherwise directly or
indirectly deny a tenant access to and possession of such tenant's
property, other than by proper judicial process.
IV. No landlord shall willfully enter into the premises of the tenant
without prior consent, other than to make emergency repairs.
V. No tenant shall willfully refuse the landlord access to the premises
to make necessary repairs, or to perform other reasonable and lawful
functions commonly associated with the ownership of rental property, at a
reasonable time after notice which is adequate under the circumstances.
VI. No tenant shall willfully damage the property of the landlord.
VII. Other than residential real estate under RSA 540-B, a landlord
shall maintain and exercise reasonable care in the storage of the
personal property of a tenant who has vacated the premises, either
voluntarily or by eviction, for a period of 28 days after the date upon
which such tenant has vacated. During this period, the tenant shall be
allowed to recover personal property without payment of rent or storage
fees. After the 28-day limit has expired, such personal property may be
disposed of by the landlord without notice to the tenant.
540-A:4 Remedies.
I. All district courts shall have concurrent jurisdiction with the
superior court to enforce the provisions of RSA 540-A:2 and RSA 540-A:3.
II. Any tenant or landlord may seek relief from a violation of
RSA 540-A:2 or RSA 540-A:3 by filing a petition in the district or
county where the rental premises are located.
III. No filing fee shall be charged for a petition under paragraph II,
and the plaintiff may proceed without legal counsel. Either a peace
officer or the sheriffs department shall serve process under this section
and the cost of such service shall be billed as directed by the court
pursuant to paragraph X. Any proceeding under this subdivision shall not
preclude any other available civil or criminal remedy.
IV. The clerks of the district courts shall supply forms for petitions
for relief under this subdivision designed to facilitate proceedings.
V. The findings of facts shall be final but questions of law may be
transferred to the supreme court in the same manner as from the superior
court.
VI. The court shall hold a hearing within 30 days of the filing
of a petition under paragraph II or within 10 days of service of
process upon the defendant, whichever occurs later.
VII. Upon a showing of a violation of RSA 540-A:2 or RSA 540-A:3, I,
II, or III, the court shall grant such relief as is necessary to protect
the rights of the parties. Such relief may include:
(a) An order prohibiting the defendant from continuing the activity or
activities which violate RSA 540-A:2 or RSA 540-A:3; and
(b) An award of damages to the plaintiff for the violations of RSA
540-A, breach of warranty of habitability, breach of the covenant of
quiet enjoyment or any other claim arising out of the facts alleged in
the plaintiff's petition.
VIII. Upon the showing of an immediate threat of irreparable harm, the
court may issue such temporary orders as it deems necessary to protect
the parties with or without actual notice to the defendant. If temporary
orders are made ex parte, the party against whom such relief is issued
may file a written request with the clerk of the court and request a
hearing on such request. Such hearing shall be held no later than 5 days
after the request is received by the clerk. Such hearings may constitute
the final hearing described in paragraph VI.
IX. (a) Any landlord or tenant who violates RSA 540-A:2 or any
provision of RSA 540-A:3 shall be subject to the civil remedies set forth
in RSA 358-A:10, including costs and reasonable attorney's fees incurred
in the proceedings. Each day that a violation continues shall constitute
a separate violation.
(b) The provisions of subparagraph (a) shall not apply to petitions
brought in good faith by a landlord or a tenant to determine whether a
request for entry under RSA 540-A:3, V is reasonable and lawful.
X. If an action initiated under RSA 540-A:3 is found to be frivolous or
brought solely for harassment, the plaintiff shall pay to the defendant
the costs of said action including reasonable attorney's fees. If such
frivolous action was brought by the tenant, he shall not be entitled to
the protection of paragraph XI of this section.
XI. No action for possession may be maintained by the landlord against
a tenant who proves a violation of RSA 540-A:3 except for nonpayment of
rent, violation of a substantial obligation of the rental agreement or
lease, or violation of this subdivision within 6 months of an action
instituted under this subdivision by a tenant; nor shall the landlord
take any other action in reprisal.
540-A:6 Procedure.
I. (a) A landlord shall not demand or receive any security deposit in
an amount or value in excess of one month's rent or $100, whichever is
greater.
(b) Except as provided in subparagraph (c), upon receiving a deposit
from a tenant, a landlord shall forthwith deliver to the tenant a signed
receipt stating the amount of the deposit and specifying the place where
the deposit or bond for the deposit pursuant to RSA 540-A:6, II(c) will
be held, and shall notify the tenant that any conditions in the rental
unit in need of repair or correction should be noted on the receipt or
given to the landlord in writing within 5 days of occupancy.
(c) No receipt shall be required when the tenant furnishes a security
deposit in the form of a personal check, a bank check, or a check issued
by a government or nonprofit agency on behalf of the tenant. Regardless
of whether or not a receipt is required, the landlord shall provide
written notice to the tenant that a written list of conditions in the
rental unit in need of repair or correction, if any, should be given to
the landlord within 5 days of occupancy.
II. (a) Security deposits held by a landlord continue to be the money
of the tenant and shall be held in trust by the person with whom such
deposit is made and shall not be mingled with the personal moneys or
become an asset of the landlord until the provisions of RSA 540-A:7 are
complied with, but may be disposed of as provided in RSA 540-A:6, III.
(b) A landlord may mingle all security deposits held by him in a single
account held in trust for the tenant at any bank, savings and loan
association or credit union organized under the laws of this state in
satisfaction of the requirements of RSA 540-A:6, II(a).
(c) A bond written by a company located in New Hampshire and posted
with the clerk of the city or town in which the residential premises are
located in an amount equivalent to the total value of a security deposit
held by the landlord on property in that city or town shall exempt the
landlord from the provisions of RSA 540-A:6, II(a) and (b).
III. (a) Any landlord who holds a security deposit shall turn the
security deposit over at the time of delivery of the deed or instrument
of assignment, or within 5 days thereafter, or within 5 days after a
receiver has been qualified, to one of the following:
(1) his grantee upon conveying the premises in which the rental unit is
located;
(2) his assignee upon assigning his lease to the rental unit;
(3) the receiver in a foreclosure action or other lien of record
affecting the property in which the rental unit is located, upon the
judicial appointment and qualification of the receiver; or
(4) the purchaser at a foreclosure sale or other lien of record, if a
receiver has not been qualified, upon the conveyance to another person by
the referee of the property in which the rental unit is located.
(b) The landlord shall notify the tenant by registered or certified
mail of such turning over, including the name and address of the
grantee, assignee, purchaser, or receiver who then holds the security
deposit.
(c) Any landlord who turns over to his grantee, his assignee, a
purchaser at a foreclosure sale, or the receiver in a foreclosure action
the amount of such security deposit with interest due, if any, is thereby
relieved of liability to the tenant for repayment of the deposit. The
transferee of the security deposit is then responsible for the return of
the security deposit to the tenant or licensee, unless, before the
expiration of the term of the tenant's lease or licensee's agreement, he
transfers the security deposit to another, pursuant to RSA 540-A:6,
III(a) and gives the requisite notice pursuant to RSA 540-A:6, III(b). A
receiver shall hold the security subject to its disposition as provided
in an order of the court to be made and entered in the foreclosure
action.
(d) RSA 540-A:6, III(c) shall not apply if there is an inconsistent
agreement between the landlord and tenant or licensee.
IV. (a) A landlord who holds a security deposit for a period of one
year or longer shall pay to the tenant interest on the deposit at a rate
equal to the interest rate paid on regular savings accounts in the New
Hampshire bank, savings and loan association, or credit union in which it
is deposited, commencing from the date the landlord receives the deposit
or from September 13, 1977, whichever is later. If a landlord mingles
security deposits in a single account under RSA 540-A:6, II(b), the
landlord shall pay the actual interest earned on such account
proportionately to each tenant.
(b) Upon request, a landlord shall provide to the tenant the name of
any bank, savings and loan association, or credit union where his
security deposit is on deposit, the account number, the amount on
deposit, and the interest rate on the deposit and shall allow the tenant
to examine his security deposit records.
(c) Notwithstanding RSA 540-A:7, I, a tenant may request the interest
accrued on a security deposit every 3 years, 30 days before the
expiration of that year's tenancy. The landlord shall comply with the
request within 15 days of the expiration of that year's tenancy.
540-A:7 Return of Security Deposit.
I. Except as provided in RSA 540-A:6, IV(c), a landlord shall return a
security deposit to a tenant and pay the interest due, if any, within 30
days from the termination of the tenancy. If there are any damages to the
premises, excluding reasonable wear and tear, the landlord may deduct the
costs of repair from the security deposit. The landlord shall provide the
tenant with a written, itemized list of any damages for which the
landlord claims the tenant is liable, which shall indicate with
particularity the nature of any repair necessary to correct any damage and
satisfactory evidence that repair necessary to correct these damages has
been or will be completed. Satisfactory evidence may include, but not be
limited to, receipts for purchased repair materials and labor estimates,
bills or invoices indicating the actual or estimated cost thereof.
II. If the tenant is required under the lease agreement to pay all or
part of any increase in real estate taxes levied against the property and
becoming due and payable during the term of the lease, or if there is
unpaid rent due, or if there are other lawful charges due under the lease
which remain unpaid, the landlord may deduct such share of real estate
taxes or unpaid rent or unpaid charges from the amount of the security
deposit. The landlord shall provide the tenant with a written, itemized
list of any claim for unpaid rent or share of real estate taxes or unpaid
charges for which the landlord claims the tenant is liable, which shall
indicate with particularity the period for which the claim is being
made.
540-A:8 Remedies.
I. (a) Any landlord who does not comply with RSA 540-A:6, I, II
or III shall be deemed to have violated RSA 358-A:2.
(b) Any landlord who does not comply with RSA 540-A:6, IV or RSA
540-A:7 shall be liable to the tenant in damages in an amount equal to
twice the sum of the amount of the security deposit plus any interest due
under this subdivision, less any payments made and any charges owing for
damages, unpaid rent, or share of real estate taxes as specified in RSA
540-A:7.
II. Notwithstanding RSA 540-A:6, 540-A:7, and 540-A:8, I, a landlord
shall not be liable nor forfeit any rights if his failure to comply with
said sections and paragraph is due to the failure of the tenant to notify
the landlord of his new address upon termination of the tenancy. Any
deposits plus interest due on the deposit that remain unclaimed after 6
months from the termination of the tenancy shall become the property of
the landlord, free and clear of any claim of the tenant, absent fraud.
III. Any provision in any lease or rental agreement by which the tenant
is purported to waive any of his rights under this subdivision, except as
provided in RSA 540-A:6, III(d), shall be void.