HB 1598 — relative to notice and proceedings for tenants and landlords engaged in eviction processes.

CHAPTER 308 HB 1598-FN - VERSIONFINAL ADOPTEDVERSION BY BOTH BODIES 19Feb2026...

Housing ───────────────────────────────────────────────────────────────── AMENDED ANALYSIS This bill amends various landlord/tenant laws to makes it easier for landlords to evict tenants for non-paymentnon- payment of rent or for a material breach of a rental agreement.

CHAPTER 308 HB 1598-FN - VERSIONFINAL ADOPTEDVERSION BY BOTH BODIES 19Feb2026...

1308:1 Actions Against Tenants;

The writ shall be accompanied by a notice from the district court, printed in no smaller than 12-point12- point type, informing the tenant that:

If the court finds that the landlord is entitled to possession on the ground of nonpayment of rent, it shall HB 1598-FN - VERSION ADOPTED BY BOTH BODIES - Page 2 - also award the landlord a money judgment.

If the court finds that CHAPTER 308 HB 1598-FN - FINAL VERSION - Page 2 - the tenant's counterclaim exceeds the amount of the nonpayment, a money judgment shall issue in favor of the tenant.

2308:2 Actions Against Tenants;

A writ of possession shall be issued, provided that, the court may order the tenant shall not be dispossessed until a date not later than [3 months] 60 days, unless the HB 1598-FN - VERSION ADOPTED BY BOTH BODIES - Page 3 - defendant proves that a longer discretionary stay will not result in financial harm to the plaintiff, damage to the premises, or ongoing threats to the health or safety of the landlord or other tenants, and that the defendant needs additional time due to factors such as tenant age, familial status, disability, or limited English proficiency, whereupon the court may grant a discretionary stay of not more than 75 days from such [default,] confession of judgment[,] or ruling of the court that the landlord has sustained his or her complaint, provided the court decides that under all the circumstances justice requires such stay, based on the reasonableness and good faith of the parties in their respective reports, complaints, demands, and evidence.evidenceIn the event of any such stay of dispossession, the tenant shall pay the landlord weekly in advance the weekly former rent, or the CHAPTER 308 HB 1598-FN - FINAL VERSION - Page 3 - proportional weekly part of the former rent if rent was payable less often than weekly, and on default of any such advance weekly payment a writ of possession shall be issued forthwith and the sheriff shall evict the tenant as soon as possible.

In308:3 theNew eventParagraph; of any such stay of dispossession, the tenant shall pay the landlord weekly in advance the weekly former rent, or the proportional weekly part of the former rent if rent was payable less often than weekly, and on default of any such advance weekly payment a writ of possession shall be issued forthwith and the sheriff shall evict the tenant as soon as possible.

3 New Paragraph;

4308:4 Prohibited Practices and Security Deposits;

5308:5 Prohibited Practices and Security Deposits;

[and] HB 1598-FN - VERSION ADOPTED BY BOTH BODIES - Page 4 - (b) An order that the defendant, members of a tenant’s family, guests or occupants must immediately vacate the rented or leased premises and not return to the rented or leased premises or the common areas of such without further order of the court.

CHAPTER 308 HB 1598-FN - FINAL VERSION - Page 4 - [(c)] (e) For purposes of RSA 540-A:3, IX:

HB 1598-FN - VERSION ADOPTED BY BOTH BODIES - Page 5 - (4) In all cases if the court rules in favor of the plaintiff, the court shall order the immediate removal of the unauthorized occupants by law enforcement and the plaintiff shall be awarded actual damages or $1000, whichever is greater.

(5) If the court finds that the occupant sublet from the tenant but the lease between the landlord and the tenant prohibits subletting, and the occupant failed to establish being an implied tenant, the plaintiff may dispose of any remaining personal property as they see fit after 48-48-hours hours notice to the occupants.

6CHAPTER 308 HB 1598-FN - FINAL VERSION - Page 5 - 308:6 Prohibited Practices And Security Deposits;

7308:7 Effective Date.

LBAApproved: 26-3181 Revised 5/15/26 HB 1598-FN- FISCAL NOTE AS AMENDED BY THE SENATE (AMENDMENT # 2026-1771s) AN ACT relative to notice and proceedings for tenants and landlords engaged in eviction processes.

FISCALJuly IMPACT:10, 2026 Effective Date:

ThisOctober bill08, does2026 not provide funding, nor does it authorize new positions.

Estimated State Impact FY 2026 FY 2027 FY 2028 FY 2029 Revenue $0 $0 $0 $0 Revenue Fund(s) None Indeterminable Indeterminable Indeterminable Increase Increase Increase Expenditures* $0 $50,000 to $50,000 to $50,000 to $250,000 $250,000 $250,000 Funding Source(s) General Fund Appropriations* $0 $0 $0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY:

This bill modifies landlord and tenant eviction procedures for cases involving nonpayment of rent or material breach of a rental agreement.

The bill revises notice, hearing, and eviction procedures, limits continuances and discretionary stays, and modifies certain landlord and tenant rights and remedies.

The Judicial Branch states there were 5,736 landlord-tenant cases filed in calendar year 2024, the majority of which were eviction cases.

The Branch states this bill will require the creation of new forms, revised court procedures, updated training materials, and modifications to the court’s case management system.

The Branch assumes the expedited timing of eviction matters will require additional staffing to manage accelerated scheduling and related case processing demands.

The Branch estimates the additional administrative and case processing responsibilities will result in indeterminable expenditures between $50,000 and $250,000 beginning in FY 2027.

AGENCIES CONTACTED:

Judicial Branch