TITLE LV
PROCEEDINGS IN SPECIAL CASES
CHAPTER 540-A
PROHIBITED PRACTICES AND SECURITY DEPOSITS
Prohibited Practices
Section 540-A:3 540-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.
II-a. Notwithstanding paragraph II, and subject to the notice requirements of paragraph II-b:
(a) A landlord may remove, at the expense of the item's owner, any vehicle, motorcycle, trailer, ATV, or other property that blocks vehicular access to a common driveway, fire lane, parking area, or travel lane, or blocks access to a dumpster.
(b) A landlord may remove, at the expense of the item's owner, any property that is leaking fluids that are damaging the parking surface or creating an environmental hazard.
(c) A landlord may remove, at the expense of the item's owner, any property that is located in a posted no-parking area, is unregistered or inoperable, or is parked or stored in a manner prohibited under the terms of a lease agreement.
II-b. Prior to removing an item pursuant to paragraph II-a, the landlord shall provide notice as follows: