Eviction (by Cheryl [NH]) Jun 3, 2008 1:56 PM|
Eviction (by MrRational [MD]) Jun 3, 2008 2:16 PM
Eviction (by ManateeAlley [FL]) Jun 3, 2008 2:23 PM
Eviction (by nhsailmaker [NH]) Jun 3, 2008 2:51 PM
Eviction (by Cheryl [NH]) Jun 3, 2008 3:36 PM
Eviction (by MrRational [MD]) Jun 3, 2008 4:06 PM
Eviction (by nhsailmaker [NH]) Jun 4, 2008 3:45 AM
Eviction (by Cheryl [NH]) Jun 4, 2008 5:50 AM
Eviction (by nhsailmaker [NH]) Jun 4, 2008 4:27 PM
Eviction (by Cheryl [NH]) Posted on: Jun 3, 2008 1:56 PM
State Specific Question About: NEW HAMPSHIRE (NH)
I went on vacation beginning of the month. When I returned, I rec'd rent from one of my tenants. By the time I returned & cashed the check, I found out on the 23rd of May that the check bounced. When I delivered the Demand for Rent & Eviction, found out that the tenant had shoulder surgery and is out on workman's comp right now. Went to the court anyway and got the papers and went to sheriff so she should be served in a day or so on that eviction.
Now June 1 rent is due. I've spoken to the tenant a few times - just keeps blowing me off.. So now I will have to file for eviction for June.
1) - Thought it funny that I have two evictions going on w/the same tenant at the same time pretty much...
2) I lost rent one time because the tenant was on disability by the time everything went to court. The judge stated it was government money and couldn't be touched.. Workman's comp is not government money, right? I just want to make sure if the tenant appeals that all this won't be an issue. I'm sure she'll try & use it as an excuse to stay longer... hope I get a good judge ! --65.175.xxx.xx
Eviction (by MrRational [MD]) Posted on: Jun 3, 2008 2:16 PM
You'll get your Judgement(s), in time. But will you get your money? I'd be more focused on regaining possession, but even that doesn't look good from what I'm reading.
With an injured shoulder it's not likely you'll be able to have the court press eviction until the tenant is healed. Depends on the Judge.
Eviction (by ManateeAlley [FL]) Posted on: Jun 3, 2008 2:23 PM
A bad check is a CRIMINAL issue. Pursue that avenue by calling your States Attorneys office. --71.196.xx.xxx
Eviction (by nhsailmaker [NH]) Posted on: Jun 3, 2008 2:51 PM
pursue bad check with town chief of Police - he should give you the correct wording of the letter you have to give to tenant and then have to wait 30 days - last one took me 2 years to collect on bad check.
make sure you call court on return date to see if they requested a hearing. --75.68.xxx.xxx
Eviction (by Cheryl [NH]) Posted on: Jun 3, 2008 3:36 PM
Hey nhsailmaker - I'm not sure I understand about the bad check.. Is that something I have to go to court on, too? And wait 30 days ? I also had put in the papers for the court the amount of the check and the ISF charges.. if you could clarify on the bad check issue, I'd appreciate it.
Eviction (by MrRational [MD]) Posted on: Jun 3, 2008 4:06 PM
He's saying (I believe) that the criminal charge is prosecutable and may be used as a way to influence the tenant* to move out on their own or (if you ever actually get to court on it) the Judge might lock them up over it (not likely).
* NO ONE wants a criminal charge on their record and especially not a conviction whether they go to jail or not, therefore you could use the **threat** (with actual filing of charges) of fully prosecuting them to get the tenant to 1) make the bounced check good 2) pay the June rent and/or 3) actually move out WITHOUT going to rent court for the eviction (which you also file for either way).
Eviction (by nhsailmaker [NH]) Posted on: Jun 4, 2008 3:45 AM
You dont have 2 evictions - just 1... the 1st one for non-payment of May rent. June will be added to the claim at court. What date is the court?
You should always ask for the full $1500 that you are allowed when you go for the writ of possession - It can always be amended. However, that may also trigger the tenant to ask for a hearing which will add about 10 days to the process.
If you gave proper Notice of eviction and demand for rent (new forms available at Sheriff dept or on-line) then after the 7 days +1 day... you go to court for the Writ. When they have been served by Sheriff then there is a return date set. That is the date they have to ask court for hearing or they move. Most dont bother unless they have a legal angle.
The check is a seperate issue. You must send a certified letter to the tenant stating they have 30 days to make it good plus charges / expenses. If not cleared up in 30 days you take check and copy of certifieed letter to your local Police and file a cmplaint. It takes them about 3-6 months to get a warrant for Bank records then get a court date ....etc. --75.68.xxx.xxx
Eviction (by Cheryl [NH]) Posted on: Jun 4, 2008 5:50 AM
RE: Bad Check - I called the tenant on 5/22 to let her know the check bounced. I also wrote a letter on May 24 regarding the check. Do I now have to do a certified letter and give her notice for 30 days from today (June 4) for a due date of July 5 or can I do it for payment 30 days from my letter of May 24 which makes payment due June 24? --65.175.xxx.xx
Eviction (by nhsailmaker [NH]) Posted on: Jun 4, 2008 4:27 PM
Take a few minuted to say high to your local Police Chief and ask him for the proper wording that has to be included in the letter or you can go to NH general statues and download the language. It needs to be certified, return receipt and have "restricted delivery" --75.68.xxx.xxx