This bill establishes an expedited eviction process for landlords seeking to evict tenants for non-payment of rent or for a material breach of a rental agreement. Key provisions include the ability for landlords to file a writ of possession without a hearing if the tenant fails to respond in a timely manner, as indicated by the new language inserted into RSA 540:12. Additionally, the bill introduces a new section, RSA 540:13-f, which outlines the expedited eviction procedure, requiring landlords to serve a 5-day notice to quit and allowing for immediate court action if the tenant does not comply. The court is mandated to hold an evidentiary hearing within 7 days if the tenant files a timely answer, but defenses unrelated to the eviction grounds will not be considered in this expedited process.
The bill also includes several deletions and restrictions, such as the prohibition of stays of execution in expedited actions except under specific conditions, and the immediate issuance of a writ of possession upon default or after a favorable ruling for the landlord. The effective date for this legislation is set for January 1, 2027. The fiscal impact is projected to increase expenditures for the Judicial Branch due to the need for new forms, revised procedures, and additional staffing to manage the expedited timelines, with estimated costs ranging from $50,000 to $500,000 annually starting in FY 2028.
Statutes affected: Introduced: 540:12, 540:13
HB1598 text: 540:12, 540:13