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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Richard Horton & a. v. David Clemens & a. (2020)

Citation
Richard Horton & a. v. David Clemens & a. (2020)
Parent Document
Richard Horton & a. v. David Clemens & a. (2020)
Jurisdiction
New Hampshire (state)
Effective Date
2020-08-11

Other Sections in This Document (35)

Full Text

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RSA 540:2, II(a) authorizes a landlord to terminate a tenancy for
nonpayment of rent “by giving to the tenant or occupant a notice in writing to
quit the premises in accordance with RSA 540:3 and 5.” RSA 540:2, II(a)
(2007). When terminating a tenancy for this reason, the landlord must give the
tenant seven days’ notice. RSA 540:3, II (2007). In addition, the eviction notice
must “state with specificity the reason for the eviction,” and must “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.” RSA
540:3, III, IV (2007); see RSA 540:9 (2007). RSA 540:5, II requires the circuit
court to “provide forms for a demand for rent and eviction notice.” It further
provides: “Although a landlord shall not be required to use the forms, a valid
demand for rent or eviction notice shall include the same information as is
requested and provided on such forms.” RSA 540:5, II. Importantly, although
RSA 540:5, II does not specify the information to be “requested and provided”
on the judicial branch forms, RSA 490:26-d authorizes the judicial branch to
create judicial forms that are “necessary for the effective administration of
justice.” RSA 490:26-d (2010).