RTA · Mobile Home Sites Tenancies Act
Part 4 — Security Deposits
51 Return of security deposit
after the day that the tenant gave up possession of the mobile home
site
(a) deliver the security deposit to the tenant,
(b) if all or part of the security deposit has been deducted in
accordance with the conditions agreed to by the tenant,
deliver to the tenant the balance of the deposit, if any, and a
statement of account showing the amount of the deposit
used, or
(c) if the landlord is entitled to make a deduction from the
security deposit in accordance with the conditions agreed to
by the tenant but is unable to determine the correct amount
of the deduction, deliver to the tenant the balance of the
deposit, if any, that the landlord does not intend to use and
an estimated statement of account of the anticipated
deduction and within 30 days after the day that the tenant
gave up possession of the mobile home site deliver to the
tenant the remaining balance of the deposit, if any, and a
final statement of account.
(2) If a landlord fails to return all or part of a security deposit to a
tenant in accordance with subsection (1), then, whether or not a
statement of account was delivered to the tenant, the tenant may
commence an action in a court to recover the whole of the deposit
or that part of the deposit to which the tenant claims to be entitled.
(3) In proceedings taken under subsection (2), the court
(a) shall determine the amounts, if any, that the landlord is
entitled to deduct from the security deposit in accordance
with the conditions agreed to by the tenant, and
(b) if the deductions so determined are less than the amount of
the deposit, shall give judgment in favour of the tenant for
the balance.
(4) No deduction may be made from a tenant's security deposit for
normal wear and tear to the mobile home site during the period of
the tenant's tenancy.
(5) A landlord shall not make a deduction from a tenant's security
deposit for damage to the mobile home site unless the requirements
respecting inspection reports under section 21 have been met.
RSA 2000
(6) In this section, "security deposit" includes any amount owing
to the tenant as interest under section 50 at the time of termination
or expiration of the tenancy.
1982 cM-18.5 s44;1992 c22 s35