NH Law About... Getting Your Stuff Back

Introduction to... Getting Your Stuff Back

Updated April 7, 2017.

Whether a tenant leaves voluntarily or is evicted, sometimes it's difficult to arrange for all the personal possessions to be moved on time. The New Hampshire Legal Aid website has a guide titled "Saving Your Personal Property Left in Apartment." The guide covers the landlord's responsibilities regarding personal property that's left behind and what tenants can do if the landlord doesn't fulfill those responsibilities. Note that the guide does NOT cover personal property left in shared facilities (see RSA 540-B, below). 

The New Hampshire Legal Aid website is a cooperative effort of legal services agencies that serve New Hampshire's low income population and it is an excellent resource for information about common legal issues. The guides, written by experts, are regularly reviewed and are useful for anyone regardless of their income levels. Do not hesitate to recommend the site and consider linking to it from your library's website.  

Residential Landlord and Tenant Law in New Hampshire is a Continuing Legal Education (CLE) publication written for lawyers. Most CLE publications do not have indexes but do have very detailed tables of contents, often have samples of New Hampshire forms, and contain practical information that can be difficult to find anywhere else. Residential Landlord and Tenant Law in New Hampshire has an informative section on disposing of tenant property, including a discussion on an owner's obligations regarding property left in shared facilities, and reviews the remedies. This title and Real Estate by Charles Szypszak (Chapter 9 is about landlord tenant law) may be borrowed from the law library through Interlibrary Loan.

The NOLO Press books mentioned below are found in many libraries in New Hampshire and are readily available for purchase. They discuss the eviction process and the handling of tenants’ personal property, and both books include a chart in the appendices on “State Laws on Handling Abandoned Property”

Please remember that this guide is for information purposes only and is not comprehensive. It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use. NH Law About ... is not a substitute for the services of an attorney.


Read about... Getting Your Stuff Back

WEBSITES

New Hampshire Legal Aid. Saving Your Personal Property Left in Apartment

Link verified on: April 7, 2017

Your personal property left behind in a former apartment is NOT automatically lost to you. A law in New Hampshire requires your former landlord to store all your property left behind for 7 DAYS from your last day in the apartment. This law gives you the right to go back and get your property during this 7-day period. This law also gives the landlord the right to get rid of your property without notice to you AFTER the 7-day limit expires.   GO>

Circuit Court. District Division - Landlord and Tenant Procedure

Link verified on: April 21, 2017

Information for Landlords -- Forms -- Checklists -- [Costs] -- Information for Tenants.   GO>

NOLO. Tenants' Abandoned Property  GO>

Link verified on: April 7, 2017


PRINT

Residential landlord and tenant law in New Hampshire / prepared by Fred K. Mayer III , Brian C. Shaughnessy. Eau Claire, WI : Lorman Education Services, c2014.

The eviction process -- The security deposit statute -- Leases -- Ethical considerations -- Collecting rent -- Prohibited practices in residential tenancies -- Residential landlord and tenant law.   GO>

Link verified on: May 23, 2017

Real estate / by Charles Szypszak. 2003  GO>

Link verified on: May 23, 2017

Every landlord's legal guide / Marcia Stewart, Ralph Warner, & Janet Portman. [Berkeley, California] : Nolo, 2016.

Screening tenants : your most important decision -- Preparing leases and rental agreements -- Basic rent rules -- Security deposits -- Discrimination -- Property managers -- Getting the tenant moved in -- Cotenants, sublets, and assignments -- Landlord's duty to repair and maintain the premises -- Landlord's liability for tenant injuries from dangerous conditions -- Landlord's liability for environmental health hazards -- Landlord's liability for criminal activity -- Landlord's right of entry and tenants' privacy -- Ending a tenancy -- Returning security deposits and other move-out issues -- Problems with tenants : how to resolve disputes without a lawyer -- Late rent, terminations, and evictions -- Lawyers and legal research -- Appendix A. State landlord-tenant law charts.   GO>

Link verified on: May 23, 2017

Every tenant's legal guide / Attorney Janet Portman and Marcia Stewart. 8th Edition. Berkeley, CA : Nolo, 2015.

Finding a place to rent -- Leases and rental agreements -- Basic rent rules -- Security deposits -- Discrimination -- Inspecting the rental unit and moving in -- Roommates, guests, and Airbnb -- Major repairs and maintenance -- Minor repairs and maintenance -- Making improvements and alterations -- Your right to privacy -- Injuries on the premises -- Environmental hazards -- Crime on the premises -- How tenancies end or change -- Moving out and getting your security deposit back -- Termination notices based on nonpayment of rent and other illegal acts -- Evictions -- Resolving problems without a lawyer -- Lawyers and legal research -- State landlord-tenant law charts -- How to use the interactive forms on Nolo Website.   GO>

Link verified on: April 21, 2017

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Read the law about... Getting Your Stuff Back

NEW HAMPSHIRE STATUTES

RSA 358-A. Regulation of Business Practices for Consumer Protection  GO>

Link verified on: May 23, 2017

RSA 540. Actions Against Tenants   GO>

Link verified on: April 21, 2017

RSA 540-A. Prohibited Practices and Security Deposits

Link verified on: May 23, 2017

  GO>

RSA 540-B. Rental of Shared Facilities   GO>

Link verified on: May 23, 2017

Find it in a Library ... New Hampshire Landlord & Tenant Law Annotated. LexisNexis.

Link verified on: May 23, 2017

This single-volume book is a compilation of New Hampshire landlord tenant law statutes. It includes references to New Hampshire Supreme Court decisions and to books about landlord and tenant law in New Hampshire. Libraries may borrow the NH Law Library's copy through Interlibrary Loan.   GO>

Find it in a Library ... New Hampshire Revised Statutes Annotated

Link verified on: June 26, 2017

Find the New Hampshire statutes in print at libraries throughout the state.   GO>

Learn About New Hampshire Statutes: New Hampshire statutes are the laws of the State of New Hampshire as enacted by the New Hampshire General Court. GO>
 

NEW HAMPSHIRE FORMS

Circuit Court. District Division. Landlord/Tenant Forms  GO>

Link verified on: April 7, 2017


NEW HAMPSHIRE COURT RULES

Circuit Court. District Division. Landlord and Tenant Actions (Rules 5.1 to 5.12)

Link verified on: April 21, 2017

Rule 5.1. Landlord and Tenant Writ -- Rule 5.2. Return Day -- Rule 5.3. Entry of Actions -- Rule 5.4. Failure to Answer --Rule 5.5. Appearance, Setoff and Counterclaims -- Rule 5.6. Discovery and Continuances -- Rule 5.7. Writ of Possession and Judgment -- Rule 5.8. Damages -- Rule 5.9. Notice Form -- Rule 5.10. Post Trial Motions and Appeals -- Rule 5.11. Dismissal of Appeals -- Rule 5.12. Dismissal of Writs After Sixty Days.   GO>

Learn About New Hampshire Court Rules: Follow this link to learn how to search court rules online as well as what court rules are and how they're published. GO>
 

FOR MORE HELP ...

LawLine

Link verified on: May 23, 2017

Volunteer attorneys are available to answer legal questions through LawLine, a free service of the NH Bar Association. LawLine is held on the SECOND Wednesday of each month from 6:00 p.m. ~ 8:00 p.m. To reach LawLine, call (toll free) 800-868-1212.   GO>

Legal Advice & Referral Center (LARC)

Link verified on: April 7, 2017

LARC provides legal information, referrals, and pro se assistance for eligible low-income people in New Hampshire   GO>

New Hampshire Law Library

Link verified on: June 26, 2017

The state's only public law library. Call, email, or visit, we'll be happy to help.   GO>


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