I have two important pieces of information for landlords.  One is a Supreme Court decision from last month, and the other a reminder concerning a new law that went into effect in January.

Deutsche v. Kevlik Supreme Court decision

In the case of Deutsche v. Kevlik (decided April 28, 2011), the New Hampshire Supreme Court held that the mere filing un-acknowledged affidavit of ownership is not sufficient to prove the landlord has standing to evict a tenant.  This case applies to commercial and residential landlords.  It appears the submission of an affidavit signed under oath in front of a notary public or justice of the peace will be good enough, but you may want to consider having someone available to testify at the hearing until the effect of this decision gets sorted out.

Residential landlords: don't forget to register with municipality

For those of you who own or manage residential real estate (with some exceptions - see below), make sure you comply with RSA 540:1-b, which went into effect January 1, 2011.  This law requires the owner to file a statement with the town or city clerk of the municipality in which the property is located providing the name, address, and telephone number of a person within the state authorized to accept service of process for any legal proceeding brought against the owner relating to the property.  Failure to comply will subject you to a $1,000 civil penalty. 

Legal proceedings covered by this law include, but are not limited to, actions brought to enforce the state's minimum housing standards (RSA 48-A:14), or any housing code adopted by a municipality pursuant to RSA 48-A, or for the enforcement of any municipal health code, building code, or fire or life safety code.

This law does not apply to: 1) banks or other mortgagees who become landlords via foreclosure, 2) owners of single-family houses who do not own more than three single-family houses at any one time, and 3) rental units in an owner-occupied building containing a total of four dwelling units or fewer.

Municipalities may establish a "reasonable" filing fee to cover the cost to the town or city clerk of maintaining a record of the filings required by this statute.

Going forward, you must comply with this requirement within thirty (30) days of acquiring qualifying residential real estate.

If you have any questions, please free to contact me.

Paul