RTA · Mobile Home Sites Tenancies Act
Part 3 — Remedies of Landlords and Tenants
34 Abandoned goods
a mobile home, left on premises by a tenant who has
(a) abandoned the mobile home site, or
(b) vacated the mobile home site and whose tenancy has
expired or been terminated.
(2) A landlord who believes on reasonable grounds that abandoned
goods have a total market value of less than the prescribed amount
may dispose of the goods.
(3) Notwithstanding that abandoned goods have a value equal to or
greater than the prescribed amount, a landlord who on reasonable
grounds believes
(a) that the storage of the goods would be unsanitary or unsafe
or would rapidly result in total or substantial depreciation in
their market value, or
(b) that the cost of removing, storing and selling the goods
would exceed the proceeds of their sale,
may sell the goods by a means and for a price that the landlord
believes is reasonable.
(4) If subsections (2) and (3) do not apply, the landlord
(a) shall store or arrange for storage of the goods on behalf of
the tenant until the expiration of the prescribed period after
the date of their abandonment, and
(b) afterwards may dispose of the goods by public auction or,
with the approval of a court, by private sale.
RSA 2000
(5) If no bid is received for the abandoned goods at a public
auction held under subsection (4)(b), the landlord may dispose of
the goods.
(6) No liability attaches to a person
(a) making the sale of goods under subsection (3) or (4)(b), or
(b) disposing of goods under subsection (2) or (5).
(7) On abandoned goods being disposed of or sold under this
section, the person acquiring the goods on the disposal or sale
acquires the tenant's interest in those goods and the tenant's
interest in the goods is extinguished.
(8) A landlord shall, on payment of the landlord's proper costs of
removing and storing the abandoned goods, give up possession of
the goods to the tenant or to the person entitled to them.
(9) A landlord may apply the proceeds of any sale of abandoned
goods
(a) to the landlord's proper costs of removing, storing and
selling the goods, and
(b) to satisfy the tenant's liabilities to the landlord in respect of
the tenancy taking into account any amount that the landlord
is entitled to deduct from the tenant's security deposit,
and shall pay the surplus, if any, to the Minister.
(10) The liabilities referred to in subsection (9)(b) must be
established in accordance with the regulations.
(11) The Minister shall retain the surplus on behalf of the tenant
for one year and afterwards, if the tenant has not claimed it, pay the
surplus into the General Revenue Fund.
(12) On payment of the surplus into the General Revenue Fund
under subsection (11), the tenant's claim to that surplus is
extinguished.
(13) This section does not apply to goods on a mobile home site
against which a civil enforcement agency executes an order of
possession.
RSA 2000 cM-20 s34;2006 c23 s54;2011 c14 s20