Tenant Appeal
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Tenant Appeal (by Cheryl [NH]) Jun 9, 2008 4:47 AM
       Tenant Appeal (by Ellie [IL]) Jun 9, 2008 5:26 AM
       Tenant Appeal (by Cheryl [NH]) Jun 9, 2008 5:40 AM
       Tenant Appeal (by Ellie [IL]) Jun 9, 2008 5:56 AM
       Tenant Appeal (by Cheryl [NH]) Jun 9, 2008 6:00 AM
       Tenant Appeal (by otter [KY]) Jun 9, 2008 6:33 AM
       Tenant Appeal (by Cheryl [NH]) Jun 9, 2008 6:46 AM
       Tenant Appeal (by Leigh [CA]) Jun 9, 2008 7:22 AM
       Tenant Appeal (by Ellie [IL]) Jun 9, 2008 7:55 AM
       Tenant Appeal (by Cheryl [NH]) Jun 9, 2008 9:08 AM
       Tenant Appeal (by Kenyah [GA]) Jun 9, 2008 9:58 AM
       Tenant Appeal (by Cheryl [NH]) Jun 9, 2008 11:04 AM
       Tenant Appeal (by nhsailmaker [NH]) Jun 9, 2008 3:08 PM
       Tenant Appeal (by nhsailmaker [NH]) Jun 9, 2008 4:16 PM
       Tenant Appeal (by Cheryl [NH]) Jun 10, 2008 3:45 AM
       Tenant Appeal (by nhsailmaker [NH]) Jun 10, 2008 3:51 PM
       Tenant Appeal (by nhsailmaker [NH]) Jun 10, 2008 3:51 PM
       Tenant Appeal (by Cheryl [NH]) Jun 10, 2008 5:52 PM


Tenant Appeal (by Cheryl [NH]) Posted on: Jun 9, 2008 4:47 AM
Message:

State Specific Question About: NEW HAMPSHIRE (NH)

I was wondering if anyone has had a tenant appeal and if so, (1) Did the tenant get extra time to stay? (2) If a tenant was given extra time from the judge, how does the rent arrearage and future rents get paid? Thanks for the input ! --65.175.xxx.xx




Tenant Appeal (by Ellie [IL]) Posted on: Jun 9, 2008 5:26 AM
Message:

Are you a tenant or landlord? --64.218.xx.xx




Tenant Appeal (by Cheryl [NH]) Posted on: Jun 9, 2008 5:40 AM
Message:

I'm the Landlord - have an eviction in process. --65.175.xxx.xx




Tenant Appeal (by Ellie [IL]) Posted on: Jun 9, 2008 5:56 AM
Message:

Ok

Tenant cannot appeal until you get the judgement. However they can ask for more time at the hearing if they show up. Most don't show up. Some judges grant it and some don't. If the judge grants it, he will give them probably 2 weeks.

The tenant has up to 30 days to appeal the judgement. If the tenant appeals, you have to wait for the next hearing which can take another 2-3 weeks to get.

Right now don't sweat it. Your tenants will probably not even show. --64.218.xx.xx




Tenant Appeal (by Cheryl [NH]) Posted on: Jun 9, 2008 6:00 AM
Message:

I'm hoping they don't. The return date on the writ is June 16 so we'll see.. Do you happen to know if the amount can be amended? The eviction was done on the May rent and now they owe June rent... Do I have to file another eviction or can I just amend the one that I have? I also read your note on the electric - you were VERY lucky! I work for an electrician and know how it all goes !! --65.175.xxx.xx




Tenant Appeal (by otter [KY]) Posted on: Jun 9, 2008 6:33 AM
Message:

Hahahaha! I thought this about how to make a property more appealing to a prospective.

Shows you how my mind works... HGTV fan... --162.114.xx.xx




Tenant Appeal (by Cheryl [NH]) Posted on: Jun 9, 2008 6:46 AM
Message:

Hey otter - That's probably a good thing ! At least you're not thinking about court ! --65.175.xxx.xx




Tenant Appeal (by Leigh [CA]) Posted on: Jun 9, 2008 7:22 AM
Message:

Cheryl and Otter, I thought the same thing... but maybe because I let the lawyer do the evictions and I do the design. --72.199.xx.xx




Tenant Appeal (by Ellie [IL]) Posted on: Jun 9, 2008 7:55 AM
Message:

Cheryl,

Can't say for sure in your state but here we can amend the amount to include the current month. Just tell the judge you want to amend it to current amount due. --64.218.xx.xx




Tenant Appeal (by Cheryl [NH]) Posted on: Jun 9, 2008 9:08 AM
Message:

Thanks, Ellie.. Thanks for your info.. I think that's what I'm going to do when I go back.. Was over to the apartment today (we are renovating the apt upstairs).. The tenant was there - never showed her face. I just can't believe that she is so ignorant - at least offer me something - anything - but no - she doesn't.. oh well, I look at it this way - I consider myself a good, fair Landlord and offer decent places. So, if you don't want to pay, then you can't stay. Go find another apartment. It's hard to be that way sometimes but I always pay my bills.. so they can pay theirs ! Hope you don't have any more problems with your apt! --65.175.xxx.xx




Tenant Appeal (by Kenyah [GA]) Posted on: Jun 9, 2008 9:58 AM
Message:

DO NOT accept partial payment if you want to evict her. That's the way it works in GA anyway. If I file and then before the court date accept $50, I have accepted $50 as rent and I have to file again next month. --206.113.xxx.xxx




Tenant Appeal (by Cheryl [NH]) Posted on: Jun 9, 2008 11:04 AM
Message:

Hey Kenyah -In NH, you can receive partial payment and still proceed w/eviction. That really bites that the courts expect you to go without rent! It doesn't seem fair ! --65.175.xxx.xx




Tenant Appeal (by nhsailmaker [NH]) Posted on: Jun 9, 2008 3:08 PM
Message:

Dress well for the 16th. You can go today to Dist court and amend claim on the writ of posession for the June rent. That way judge has latest paperwork when he opens file. Judge will ask tenant if they paid rent. If tenant says NO then he will have clerk issue writ of posession - go to clerk office after the hearing and ask that you be called when it is ready - do not mail!!! when it is ready you take Writ to Sheriff and they will set the lock out date. Pest them to make it soonest.

The appeal process after hearing requires them to pay what is due and pay to court the weekly rent until the appeal hearing. Not going to happen. --75.68.xxx.xxx




Tenant Appeal (by nhsailmaker [NH]) Posted on: Jun 9, 2008 4:16 PM
Message:

pay special attention to "written" in VII

TITLE LV

PROCEEDINGS IN SPECIAL CASES

CHAPTER 540

ACTIONS AGAINST TENANTS

Section 540:13

540:13 Writ; Service; Discovery; Record; Default.

I. A writ of summons may be issued, returnable before a district court, setting forth in substance that the plaintiff is entitled to the possession of the demanded premises, and that the defendant is in possession thereof without right, after notice in writing, to quit the same at a day named therein.

II. The writ shall be accompanied by a notice from the district court, printed in no smaller than 12-point type, informing the tenant that:

(a) If the tenant wishes to contest the eviction, he must file an appearance in the district court no later than the return day appearing on the writ.

(b) The tenant shall not be evicted unless the court so orders; however, such an order may be granted if the tenant does not file an appearance.

(c) At the time the tenant files his appearance, he may request that the court make a sound recording of the eviction hearing by checking an appropriate box on the appearance form.

(d) If the tenant wishes to appeal the district court's decision, he must:

(1) File a notice of intent to appeal with the district court within 7 days of the notice of the district's decision; and

(2) File a notice of appeal in the supreme court within 30 days of the notice of the district court's decision; and

(3) Pay all rent, as it comes due, between the date of the notice of intent to appeal the district court's decision and the final disposition of the appeal.

III. The writ of summons and the notice provided in paragraph II shall be returnable 7 days from the date of service of the writ by the sheriff. The writ of summons shall provide an opportunity for the landlord, at the landlord's option, to make a claim for an award of unpaid rent. If the landlord elects to make a claim for unpaid rent, the court shall consider any defense, claim, or counterclaim by the tenant which offsets or reduces the amount owed to the plaintiff. If the court finds that the landlord is entitled to possession on the ground of nonpayment of rent, it shall also award the landlord a money judgment. If the court determines that the amount owed by the landlord to the tenant, as a result of set-off or counterclaim exceeds or equals the amount of rent and other lawful charges owed by the tenant to the landlord, judgment in the possessory action shall be granted in favor of the tenant. If the court finds that the tenant's counterclaim exceeds the amount of the nonpayment, a money judgment shall issue in favor of the tenant. Any decision rendered by the court related to a money judgment, shall be limited to a maximum of $1,500 and shall not preclude either party from making a subsequent claim in a court of competent jurisdiction to recover any additional amounts not covered by the $1,500 judgment.

IV. Both parties shall have a right to engage in discovery prior to the hearing on the merits within such time frame as may be established for eviction actions by the Rules of the District Court.

V. If the tenant files an appearance, a hearing shall be scheduled to occur within 10 days after such filing, with allowance for additional time pursuant to paragraph IV, with notice of the hearing mailed to the parties no fewer than 6 days prior to the hearing. If the tenant fails to file an appearance or fails to appear at the hearing on the merits, the court shall mail a notice of default to the address set forth on the summons at least 3 days prior to the issuance of the writ of possession.

VI. In deciding any contested hearing, the court shall issue a written decision setting forth the basis for its decision.

VII. In the case of nonpayment of rent, while the possessory action is pending, the landlord may accept payment of the rental arrearage without creating a new tenancy, provided that the landlord informs the tenant in writing of the landlord's intention to proceed with the eviction in spite of the landlord's acceptance of the payment. The landlord may choose not to accept payment and to proceed with the eviction.

Source. RS 209:8, 9. CS 222:8, 9. GS 231:8. GL 250:8. PS 246:8. PL 357:13. RL 413:13. RSA 540:13. 1957, 244:23. 1992, 284:87. 1996, 155:1, 2. 1998, 25:1, 2, eff. Jan. 1, 1999.

--75.68.xxx.xxx




Tenant Appeal (by Cheryl [NH]) Posted on: Jun 10, 2008 3:45 AM
Message:

Hello nhsailmaker!! Good to hear from you! I did give tenant a written notice that even though I accept partial payment, eviction is still in process. I'm glad to read that even with an appeal, the tenant must pay up. My tenant is out on workman's comp. She had asked me to 'work w/her' until end of June which is right around the time I figured she'd be going back to work. So she may try for more time. Also sent her notice regarding her bounced checks. She just ignored it - like everything else. Going to turn those into the police. She's been getting later & later w/rent since November so I think it's time she goes.. It's the tenant's ignorance that is bugging me now... --65.175.xxx.xx




Tenant Appeal (by nhsailmaker [NH]) Posted on: Jun 10, 2008 3:51 PM
Message:

Take along a spreadsheet showing date rent due and date rent paid.... to show judge she is getting later & later - he may give her a few weeks to come up with it all if he believes her bull.

Ask judge for possession and you do not want to do mediation - keep your stance to get back possession immediately --75.68.xxx.xxx




Tenant Appeal (by nhsailmaker [NH]) Posted on: Jun 10, 2008 3:51 PM
Message:

Take along a spreadsheet showing date rent due and date rent paid.... to show judge she is getting later & later - he may give her a few weeks to come up with it all if he believes her bull.

Ask judge for possession and you do not want to do mediation - keep your stance to get back possession immediately --75.68.xxx.xxx




Tenant Appeal (by Cheryl [NH]) Posted on: Jun 10, 2008 5:52 PM
Message:

Thanks nhsailmaker... I have all my receipts. I made out a timeline of what has happened with this rent. And I just spoke with the police today regarding her bad checks.. They are going to pursue it so I'm going tomorrow to bring my papers down. And I'm sittin down right now to do a time line on the rental payments.. Thanks for that idea! Take care ! --65.175.xxx.xx





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