CPA · Condominium Property Act
56 Application for order to give up possession
RSA 2000
(a) has caused or is causing excessive damage to the real or
personal property of the corporation or to the common
property, or
(b) is a danger to or is intimidating the owners or any persons
who are in possession of the other units located on the
parcel,
the corporation may, notwithstanding that the tenant renting that
unit has or has not been given a notice to give up possession of that
unit under section 54 or by the landlord under the tenancy
agreement, apply to the Court for an order requiring the tenant to
give up immediate possession of that unit.
(2) An application under this section shall be served on the tenant
and the tenant's landlord not less than 3 days, exclusive of holidays
and Saturdays, before the day scheduled for the hearing of the
application.
(3) The application of the corporation shall be supported by an
affidavit
(a) setting out
(i) the damage to the real or personal property of the
corporation or the common property, and
(ii) the nature of the danger to or intimidation of persons
who are owners or are in possession of the other units,
or either of them, and
(b) stating any other relevant facts.
(4) On hearing the application, the Court may make an order
(a) requiring the tenant to give up possession of the rented unit
if the Court is satisfied that
(i) a person who is in possession of that unit has caused or
is causing excessive damage to the real or personal
property of the corporation or to the common property or
is a danger to or is intimidating the owners or any
persons who are in possession of the other units, and
(ii) there are reasonable and probable grounds to believe that
further damage may be done or that the danger or
intimidation will not cease if the tenant is allowed to
remain in possession of the rented unit,
RSA 2000
and
(b) fixing the day on which the tenant is required to give up
possession of the rented unit,
and make any other order that it considers proper in the
circumstances.
(5) The tenancy agreement between the tenant and the landlord
terminates on the day that the tenant is required to give up
possession of the unit pursuant to an order made under subsection
(4).
(6) The corporation shall serve a copy of an order made under
subsection (4) on the landlord.
RSA 2000 cC-22 s56;2009 c53 s40