Condominium Property Act

Rental of units

53(1) An owner of a unit shall not rent the owner' unit until the owner has given written notice to the corporation of the owner' intention to rent the unit, setting out

(a) the address at which the owner 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' 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' 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, repair or replacement of any common property that is subject to a lease granted to the owner of the unit under section 50, 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 one month' rent charged for the unit.

(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' unit, the owner shall give the corporation written notice that the owner' unit is no longer rented.

(7) A corporation shall, within 20 days after receiving a written notice under subsection (6),

(a) return the deposit 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

(ii) the balance of the deposit not used, 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 account showing the amounts used, and

(ii) the balance of the deposit not used, if any.

RSA 2000 cC-22 s53;2009 c53 s40