VIII. Prior to collecting any fee as part of the rental application or renewal process, the landlord shall clearly disclose, in writing to prospective tenants, the amount of the fee and the requirement for a satisfactory criminal background and credit check, if any. If such fee is collected from an applicant, but the unit is not rented to that applicant, the landlord shall return any amount beyond the actual cost of the documented background check, credit check, and/or reasonable administrative costs to the applicant within 30 days of receipt. Nothing in this paragraph shall require the landlord to conduct a criminal background or credit check or prohibit the landlord from renting to an applicant who does not pass the criminal background or credit check.
IX. No person or legal entity, that is not a tenant, subtenant, or implied tenant, as defined in RSA 540-A:1, II, shall occupy residential real estate without permission of the owner, landlord, or their agent.
X. A landlord shall not require a tenant or prospective tenant to pay any amount due under a residential lease, renewal, or extension agreement solely via electronic funds transfer, including, but not limited to, any automatic, recurring electronic funds transfers. The landlord shall allow at least one other non-electronic form of payment for the purposes of this section.
Source. 1979, 305:1. 1991, 373:2, eff. Jan. 1, 1992. 1998, 25:8. 2001, 277:2. 2003, 271:1, eff. Jan. 1, 2004. 2011, 247:1, eff. Jan. 1, 2012. 2013, 48:4, 5, eff. Jan. 1, 2014. 2015, 225:1, eff. Jan. 1, 2016. 2024, 46:1, eff. Jan. 1, 2025; 370:4, eff. Jan. 1, 2025. 2025, 176:1, eff. Jan. 1, 2026. 2026, 308:6, eff. Oct. 8, 2026.