Mobile Home Sites Tenancies Act s. 35

(1) A landlord who believes on reasonable grounds that a
mobile home has been abandoned on the landlord's property may
RSA 2000

apply to the Court of King's Bench for an order permitting the
landlord to do one or both of the following:
(a) sell or otherwise dispose of the abandoned mobile home;
(b) remove and store the abandoned mobile home.
(2) In making an order under subsection (1), the Court of King's
Bench may do one or more of the following:
(a) require the landlord to take those steps as the Court directs
to locate the owner of the abandoned mobile home;
(b) require the landlord to take those steps as the Court directs
to notify persons who have claims against the abandoned
mobile home if those claims are registered in the Personal
Property Registry under the Personal Property Security Act;
(c) give directions with respect to the sale or disposal of the
abandoned mobile home;
(d) give directions with respect to the distribution of the
proceeds, if any, received in respect of the sale or disposal
of the abandoned mobile home;
(e) give directions with respect to the removal and storage of
the abandoned mobile home;
(f) give any other directions that the Court considers necessary
in the circumstances.
(3) An application made to the Court of King's Bench
(a) under subsection (1)(a) shall be made on notice to those
persons, if any, as the Court may direct, and
(b) under subsection (1)(b) may be made ex parte.
(4) No liability attaches to a person
(a) making the sale or disposing of an abandoned mobile home,
or
(b) removing and storing an abandoned mobile home,
as directed by the Court of King's Bench.
(5) On an abandoned mobile home being disposed of or sold under
this section, the person acquiring the mobile home on the disposal
RSA 2000

or sale acquires the tenant's interest in the mobile home and the
tenant's interest in the mobile home is extinguished.
(6) If, prior to an abandoned mobile home being sold or disposed
of, the owner or other person entitled to the mobile home pays to
the landlord the landlord's proper costs incurred in respect of the
mobile home, including those costs, if any, of removing and storing
the mobile home, the landlord shall give up possession of the
mobile home to that person unless otherwise directed by an order
of the Court of King's Bench.
(7) Subject to the order of the Court of King's Bench, a landlord
may apply the proceeds of any sale of an abandoned mobile home
(a) to the landlord's proper costs of removing, storing and
selling the abandoned mobile home, as the case may be, 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.
(8) The liabilities referred to in subsection (7)(b) must be
established in accordance with the regulations.
(9) If any proceeds remain after the sale of an abandoned mobile
home, those proceeds shall be paid to the Minister by the person
holding those proceeds.
(10) The Minister shall retain any proceeds received under
subsection (9) 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.
(11) On payment of the surplus into the General Revenue Fund
under subsection (10), the tenant's claim to that surplus is
extinguished.
RSA 2000 cM-20 s35;2006 c23 s54;AR 217/2022

RTA Residential Tenancies Act

35 Abandoned mobile home