New Hampshire Revised Statutes 540:1-a – Definitions
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In this chapter:
I. “Nonrestricted property” means all real property rented for nonresidential purposes and the following real property rented for residential purposes:
(a) Single-family houses, if the owner of such a house does not own more than 3 single-family houses at any one time.
(b) Rental units in an owner-occupied building containing a total of 4 dwelling units or fewer.
(c) [Repealed.]
(d) Single-family houses acquired by banks or other mortgagees through foreclosure.
II. “Restricted property” means all real property rented for residential purposes, except those properties listed in paragraph I.
III. “Rental unit” means a suite of one or more rooms located within a single building rented by the owner to one or more individuals living in common for nontransient residential purposes.
IV. The term “tenant” or “tenancy” shall not include occupants or occupancy in the following places and the provisions of this chapter shall not apply to:
(a) Rooms in rooming or boarding houses which are rented to transient guests for fewer than 90 consecutive days. For purposes of this subparagraph, if the owner of the facility directs the occupant to move from one room to another in the same rooming or boarding house, or directs the occupant to move from one of the owner’s rooming or boarding houses to another, the 90-day period for computing consecutive days of occupancy shall not be broken. Consecutive days of occupancy shall not include a voluntary move from one room to another if the move was made at the request of the occupant after the occupant has been notified of the exemption from tenancy under this subparagraph. Such request shall be in writing and shall include the following statement:
“I request a move from ________________ to _______________ . I have received a copy of N.H. Rev. Stat. § 540:1-a, IV(a) and understand that any time I spent in the first room shall not apply toward the 90 consecutive days of occupancy required for tenancy under RSA 540.”
(b) Rooms in hotels, motels, inns, tourist homes and other dwellings rented for recreational or vacation use.
(c) Rooms in student dormitories, nursing homes, hospitals and any other facilities licensed under N.H. Rev. Stat. Chapter 151 or certified under RSA 126-A, convents, monasteries, asylums, or group homes.
(d) A single-family home in which the occupant has no lease, which is the primary and usual residence of the owner.
(e) Residential real estate under RSA 540-B.
(f) Vacation or recreational rental units under RSA 540-C.
(g) Residential units leased by a member of a fraternal or social organization that provides student housing for a postsecondary institution in a structure owned and operated by the fraternal or social organization.
(h) Occupancies in which the occupant is hired to provide care or assistance for a person with disabilities. In such cases, if the person with disabilities or his or her legal guardian no longer wishes the assistance of the caregiver, he or she may order the caregiver to vacate the premises without legal process required as a tenant under this chapter, provided:
(1) There is a written agreement specifying that care or assistance authorizes summary ejection of the caregiver; and
(2) The caregiver is given written notice directing him or her to vacate the premises in not less than 72 hours; and
(3) If the agreement between the parties provides for compensation for the care provider beyond free housing, prior to the time the caregiver vacates the premises, the person with disabilities or the legal guardian pays the caregiver any money due under the agreement for services rendered.
I. “Nonrestricted property” means all real property rented for nonresidential purposes and the following real property rented for residential purposes:
Terms Used In New Hampshire Revised Statutes 540:1-a
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) Single-family houses, if the owner of such a house does not own more than 3 single-family houses at any one time.
(b) Rental units in an owner-occupied building containing a total of 4 dwelling units or fewer.
(c) [Repealed.]
(d) Single-family houses acquired by banks or other mortgagees through foreclosure.
II. “Restricted property” means all real property rented for residential purposes, except those properties listed in paragraph I.
III. “Rental unit” means a suite of one or more rooms located within a single building rented by the owner to one or more individuals living in common for nontransient residential purposes.
IV. The term “tenant” or “tenancy” shall not include occupants or occupancy in the following places and the provisions of this chapter shall not apply to:
(a) Rooms in rooming or boarding houses which are rented to transient guests for fewer than 90 consecutive days. For purposes of this subparagraph, if the owner of the facility directs the occupant to move from one room to another in the same rooming or boarding house, or directs the occupant to move from one of the owner’s rooming or boarding houses to another, the 90-day period for computing consecutive days of occupancy shall not be broken. Consecutive days of occupancy shall not include a voluntary move from one room to another if the move was made at the request of the occupant after the occupant has been notified of the exemption from tenancy under this subparagraph. Such request shall be in writing and shall include the following statement:
“I request a move from ________________ to _______________ . I have received a copy of N.H. Rev. Stat. § 540:1-a, IV(a) and understand that any time I spent in the first room shall not apply toward the 90 consecutive days of occupancy required for tenancy under RSA 540.”
(b) Rooms in hotels, motels, inns, tourist homes and other dwellings rented for recreational or vacation use.
(c) Rooms in student dormitories, nursing homes, hospitals and any other facilities licensed under N.H. Rev. Stat. Chapter 151 or certified under RSA 126-A, convents, monasteries, asylums, or group homes.
(d) A single-family home in which the occupant has no lease, which is the primary and usual residence of the owner.
(e) Residential real estate under RSA 540-B.
(f) Vacation or recreational rental units under RSA 540-C.
(g) Residential units leased by a member of a fraternal or social organization that provides student housing for a postsecondary institution in a structure owned and operated by the fraternal or social organization.
(h) Occupancies in which the occupant is hired to provide care or assistance for a person with disabilities. In such cases, if the person with disabilities or his or her legal guardian no longer wishes the assistance of the caregiver, he or she may order the caregiver to vacate the premises without legal process required as a tenant under this chapter, provided:
(1) There is a written agreement specifying that care or assistance authorizes summary ejection of the caregiver; and
(2) The caregiver is given written notice directing him or her to vacate the premises in not less than 72 hours; and
(3) If the agreement between the parties provides for compensation for the care provider beyond free housing, prior to the time the caregiver vacates the premises, the person with disabilities or the legal guardian pays the caregiver any money due under the agreement for services rendered.