Evict Problem Cont'd
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Evict Problem Cont'd (by Cheryl [NH]) Jun 14, 2008 3:56 PM
       Evict Problem Cont'd (by nhsailmaker [NH]) Jun 14, 2008 5:39 PM
       Evict Problem Cont'd (by nhsailmaker [NH]) Jun 14, 2008 5:46 PM
       Evict Problem Cont'd (by Chris [CA]) Jun 14, 2008 8:11 PM
       Evict Problem Cont'd (by nhsailmaker [NH]) Jun 15, 2008 4:52 AM
       Evict Problem Cont'd (by nhsailmaker [NH]) Jun 17, 2008 3:45 AM
       Evict Problem Cont'd (by Cheryl [NH]) Jun 17, 2008 5:05 AM
       Evict Problem Cont'd (by nhsailmaker [NH]) Jun 19, 2008 3:02 AM
       Evict Problem Cont'd (by Cheryl [NH]) Jun 19, 2008 2:01 PM


Evict Problem Cont'd (by Cheryl [NH]) Posted on: Jun 14, 2008 3:56 PM
Message:

State Specific Question About: NEW HAMPSHIRE (NH)

It's Laconia District. I did give her notice that I would accept partial payment but eviction was still proceeding. 7-Day Demand for Rent & Eviction was given on May 27. Went to court June 3 for writ & tenant was served same day. I returned papers to court when I got them back from Sheriff. Return date for tenant is Monday, the 16th. She paid partial on June 7 & partial on June 13. She only owes ~$5.00 for May (inc. all fees). Now she owes for June Rent, late fees & liq. dam.

Two things - Yes, I do believe that she thinks everything is 'OK' now that she's paid something. When I went to the house to work upstairs, she came out - handed me another comp check signed over to me - and said how much she should be getting from now on and as they come in, she'll sign them over to me (as if that makes everything better)... so I'm thinking she's not appealing...

The other thing is if anyone gets a chance, please readl NH Law Chapter 540 -- 540:9 specifically. This is another section which states that a tenant has to pay ALL arrearages plus liq. dam. [$15] BEFORE the expiration of the notice [Demand] in order to keep tenancy. It seems pretty clear that she did not pay ALL arrearages BEFORE the expiration of the Demand of May 27 which was June 3.

And, thanks again for your input !

--65.175.xxx.xx




Evict Problem Cont'd (by nhsailmaker [NH]) Posted on: Jun 14, 2008 5:39 PM
Message:

go to court and let judge work it out - you have done all you can - she wont show. --75.68.xxx.xxx




Evict Problem Cont'd (by nhsailmaker [NH]) Posted on: Jun 14, 2008 5:46 PM
Message:

call court clerk Monday around 4:00 to see if tenant asks for a hearing. if not.... you win --75.68.xxx.xxx




Evict Problem Cont'd (by Chris [CA]) Posted on: Jun 14, 2008 8:11 PM
Message:

Accepting any payment might stall the UD action and require the LL to re-file. Please be extra careful! --91.89.xxx.xxx




Evict Problem Cont'd (by nhsailmaker [NH]) Posted on: Jun 15, 2008 4:52 AM
Message:

Ignore Chris comment - you know the NH law and have followed it with the proper letter to tenant.

If she actually asks for a hearing...the court will schedule it within 2 weeks - the court clerk will send you the date and time if she does file (call to get the time anyway). If she does not file on Monday by 4:00 PM you will get automatic writ of possession on Tuesday. Once again.... ask for them to hold it for pickup instead of sending it to you. Then walk it to the Sheriff to schedule lock out.

If she asks for hearing... (probably in 2 weeks) judge will ask if all rent has been paid.... make sure you have the spreadsheet of payments (3 copies). If she has not paid 100% plus fees (including the court clerk costs) Judge may want to mediate then and there.

Tell judge you simply want possession, cannot conduct business with the constant late payments and you cannot accept a payment plan as it is hurting your business.....Remember to press the "poor" landlord angle of providing work force housing.

Dress as a lawyer would. --75.68.xxx.xxx




Evict Problem Cont'd (by nhsailmaker [NH]) Posted on: Jun 17, 2008 3:45 AM
Message:

did she file? --75.68.xxx.xxx




Evict Problem Cont'd (by Cheryl [NH]) Posted on: Jun 17, 2008 5:05 AM
Message:

Hey NHsailmaker - I didn't get a chance to call yesterday. I'll try & call today. I'll let you know. Hopefully she didn't... Thanks for checking. --65.175.xxx.xx




Evict Problem Cont'd (by nhsailmaker [NH]) Posted on: Jun 19, 2008 3:02 AM
Message:

good news? --75.68.xxx.xxx




Evict Problem Cont'd (by Cheryl [NH]) Posted on: Jun 19, 2008 2:01 PM
Message:

She appealed - hearing is next Friday ... --65.175.xxx.xx





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