MHHS · Condominium Property Act
53 Rental of Units Rental of units
owner has given written notice to the corporation of the owner's
intention to rent the unit, setting out
(a) the address at which the ow ner may be served with a notice
given by the corporation under section 54 or an application
or order referred to in section 55 or 56, and
(b) the amount of rent to be charged for the unit.
(2) If an owner of a unit rents the owner's unit it is a condition of
that tenancy, notwithstanding anything in the tenancy agreement,
that any person in possession of that unit shall not
(a) cause damage to the real or personal property of the
corporation or the common property, or
(b) contravene the bylaws.
(3) The corporation may require an owner who rents the owner's
unit to pay to and maintain with the corporation a deposit that the
corporation may use for
(a) the repair or replacement of the real and personal property
of the corporation or of the common property, and
(b) the maintenance or repair of any area of the common
property that is the subject of a grant to the owner of the
right to exercise exclusive possession under section 50(1),
that is damaged, destroyed, lost or removed, as the case may be, by
any person in possession of the rented unit.
(4) A deposit referred to in subsection (3) shall not exceed the
prescribed amount and shall be held and repaid along with interest
earned, if any, as prescribed.
(5) The owner of a unit shall give the corporation written notice of
the name of the tenant renting the unit within 20 days from the
commencement of the tenancy.
(6) Within 20 days after ceasing to rent the owner's unit, the
owner shall give the corporation written notice that the owner's
unit is no longer rented.
(7) A corporation shall, within 20 days after receiving a written
notice under subsection (6),
RSA 2000
(a) return the deposit and interest earned, if any, to the owner,
(b) if the corporation has made use of the deposit for one or
more of the purposes referred to under subsection (3),
deliver to the owner
(i) a statement of account showing the amount used and
interest earned, if any, and
(ii) the balance of the deposit not used, if any and interest
earned, if any,
or
(c) if the corporation is entitled to make use of the deposit but is
unable to determine the amount of the deposit that it will
use, deliver to the owner an estimated statement of account
showing the amount it intends to use and, within 60 days
after delivering to the owner the estimated statement of
account, deliver to the owner
(i) a final statement of acco unt showing the amounts used
and interest earned, if any, and
(ii) the balance of the deposit not used, if any and interest
earned, if any.
(8) If a deposit referred to in subsection (3) is owing by an owner
to a corporation, the corporation may, in addition to any rights of
recovery that it has in law, recover that amount in accordance with
section 39.2 as if it were a contribution.
RSA 2000 cC-22 s53;2009 c53 s40;2014 c10 s43