Landlords and tenants alike are affected by New Hampshire’s State of Emergency. While the law is not entirely clear, there are several things to be aware of until the emergency orders are lifted.

According to Governor Sununu’s Emergency Orders, landlords may only commence eviction proceedings if:

• A tenant or household member violates the law or lease which results in one of the following:
  • substantial damage to the premises, or
  • substantial adverse impact on the health or safety of the others residing on the premises; or
• A tenant’s abandonment of their rental space.

Landlords who violate these orders risk dismissal of the eviction action and penalties of actual damages or $1,000, whichever is greater, plus the potential of paying their tenant’s legal fees. Courts will not enforce evictions during this period, but for the limited exceptions stated above.

Tenants are not relieved of their obligation to pay rent and comply with their lease agreements, however. Governor Sununu has stated that tenants are “strongly encouraged to work with their landlords to pay all rent that they can afford” during this time.

Once the State of Emergency is lifted, landlords who own a “covered dwelling” under the CARES Act are prohibited from initiating eviction proceedings or charging penalties against a tenant for the nonpayment of rent until after July 26, 2020. A “covered dwelling,” includes rental units in properties which:

1. Participate in federal assistance programs;
2. Are subject to a “federally backed mortgage loan”; or
3. Are subject to a “federally backed multifamily mortgage loan.”

Landlord/Tenant law continues to evolve. It is advisable to consult with an attorney regarding your rights and remedies. While our offices are temporarily closed to the public, Wescott Law remains committed to assisting our clients. Contact us for a free consultation.