A common quandary for landlords over the years has been how to handle the removal of vehicles presenting an obstruction or hazard.  Recent additions to RSA 540-A:3 now specifically address vehicle removal, and codify specific procedures based upon the circumstances presented.  These changes, codified at Paragraphs II-a, II-b, and II-c, were effective as of January 1, 2016.  They encompass motorcycles, trailers, ATVs, or any other equipment or property that presents a qualifying obstacle or hazard.

How a landlord can get rid of cars in New Hampshire

The statutory changes create three categories of vehicles subject to removal: (a) those blocking a common driveway, fire lane, parking area, travel lane, or dumpster access; (b) those leaking fluid; and (c) those improperly parked, either in a posted no-parking area or otherwise in violation of the lease, unregistered, or inoperable.

 

Each category requires a different notice procedure before removal.  Vehicles blocking access merely require notice to the known owner that is reasonable under the totality of the circumstances, a vague, common sense sort of standard.  If a blocking vehicle poses an immediate threat, such as in the case of a fire or medical emergency, no notice is required.

 

Leaking vehicles require at least 48 hours’ notice.  Notice must be placed on the offending vehicle or other piece of property, and if the owner is known, on the owner’s door.  If the identity of the owner is unknown, notice must be placed both on the vehicle and in a conspicuous location in a common area in each building of the complex.

Landlords can move improperly parked vehicles

Finally, improperly parked, unregistered or inoperable vehicles require a first notice of at least 7 days, using the same method that applies to leaking vehicles, and a final notice of at least 24 hours, again using the same method.

 

Contact a New Hampshire Attorney

If you have any questions or need help with landlord-tenant issues, contact us for a free consultation.