Tenant 'Guest'
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Tenant 'Guest' (by Cheryl [NH]) Jul 21, 2008 12:08 PM
       Tenant 'Guest' (by OrEGone [OR]) Jul 21, 2008 12:25 PM
       Tenant 'Guest' (by Cheryl [NH]) Jul 21, 2008 12:38 PM
       Tenant 'Guest' (by Brenda [TX]) Jul 21, 2008 12:52 PM
       Tenant 'Guest' (by Cheryl [NH]) Jul 21, 2008 1:00 PM
       Tenant 'Guest' (by Brenda [TX]) Jul 21, 2008 1:06 PM
       Tenant 'Guest' (by Brenda [TX]) Jul 21, 2008 1:09 PM
       Tenant 'Guest' (by Cheryl [NH]) Jul 21, 2008 1:10 PM
       Tenant 'Guest' (by Brenda [TX]) Jul 21, 2008 1:17 PM
       Tenant 'Guest' (by nhsailmaker [NH]) Jul 21, 2008 2:10 PM
       Tenant 'Guest' (by Brenda [TX]) Jul 21, 2008 2:16 PM
       Tenant 'Guest' (by nhsailmaker [NH]) Jul 21, 2008 3:12 PM
       Tenant 'Guest' (by Cheryl [NH]) Jul 21, 2008 4:42 PM
       Tenant 'Guest' (by Virden [OH]) Jul 22, 2008 9:35 AM


Tenant 'Guest' (by Cheryl [NH]) Posted on: Jul 21, 2008 12:08 PM
Message:

State Specific Question About: NEW HAMPSHIRE (NH)

I have a tenant who has two of her children - 18 & 19 and also her son's wife and their child. Now she has reacquainted with her ex-husband (been quite a few years). He is not on my agreement and I want him out as the apartment is only a two bedroom and they are slobs as it is. I asked if he was staying - no was the answer. However, his vehicle has been there for the past two weeks and he has been seen at the apartment. I've contacted the town to see if there are any by-laws regarding a maximum number of people in an apartment.. no answer yet.

What do I have to do to get him out?

Thanks.. --65.175.xxx.xx




Tenant 'Guest' (by OrEGone [OR]) Posted on: Jul 21, 2008 12:25 PM
Message:

Your final recourse it to evict the tenant.

It is funny to me that you only want the guy out. --24.21.xx.xx




Tenant 'Guest' (by Cheryl [NH]) Posted on: Jul 21, 2008 12:38 PM
Message:

Hello - I want them all out but I figure I can use him as the final straw.. They all smoke - which I don't care - but not supposed to be in apartment/breezeway. I've caught the daughter-in-law in the breezeway. I found a cigarette put out right on the step going into the apartment! I'm thinking about re-doing agreement to say No Smoking period... They are slobs. The son lives in the cellar w/his wife. You literally have to make a path to get thru. It is a fire trap in the cellar where the son sleeps w/his wife. Have all great tenants except for her... Her ex just adds to the mess.. --65.175.xxx.xx




Tenant 'Guest' (by Brenda [TX]) Posted on: Jul 21, 2008 12:52 PM
Message:

Post a cure or quit notice for anyone that is in the apartment without them on the lease.

When you caught the daughter-in-law smoking in the breezway, did you say something to her about it? --167.6.xxx.xx




Tenant 'Guest' (by Cheryl [NH]) Posted on: Jul 21, 2008 1:00 PM
Message:

Hey Brenda

I didn't say something right then - she was talking w/an older woman..(tried to be polite). About 1/2 hour later I was downstairs. She came out and I told her that there was no smoking in the breezeway or anywhere else in the apartment. I also sent something in writing. If I serve a 7-day cure/quit, do I serve it just to the woman who signed the agreement or to her ex, too. The kids are listed on the agreement along w/her - but she is the only one who signed because at the time her kids were underage.. --65.175.xxx.xx




Tenant 'Guest' (by Brenda [TX]) Posted on: Jul 21, 2008 1:06 PM
Message:

You need to give it to the person that is on the lease-which would be her. You can mail it to her, but just make sure you have proof, ie: if she's not home for you to give it to her, mail it to her cerified, AND post it on the door and take a picture. If you are unsure what to do, you might want to see if you can find an eviction lawyer in your area that will work on a flat rate fee or someone that will give you a free consultation. --167.6.xxx.xx




Tenant 'Guest' (by Brenda [TX]) Posted on: Jul 21, 2008 1:09 PM
Message:

Is your lease month to month, or longer? --167.6.xxx.xx




Tenant 'Guest' (by Cheryl [NH]) Posted on: Jul 21, 2008 1:10 PM
Message:

Month to Month.. --65.175.xxx.xx




Tenant 'Guest' (by Brenda [TX]) Posted on: Jul 21, 2008 1:17 PM
Message:

Ok, if she's on a month to month you don't need a reason to kick her out. You can give her a 30 day notice to vacate. Just make sure you have the 30 day notice documented. --167.6.xxx.xx




Tenant 'Guest' (by nhsailmaker [NH]) Posted on: Jul 21, 2008 2:10 PM
Message:

DO NOT LISTEN TO BRENDA...NH is a just cause state!!!

Try "other good cause" - see below

www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LV-540.htm

TITLE LV

PROCEEDINGS IN SPECIAL CASES

CHAPTER 540

ACTIONS AGAINST TENANTS

Section 540:2

540:2 Termination of Tenancy.

I. The lessor or owner of nonrestricted property may terminate any tenancy by giving to the tenant or occupant a notice in writing to quit the premises in accordance with RSA 540:3 and 5.

II. The lessor or owner of restricted property may terminate any tenancy by giving to the tenant or occupant a notice in writing to quit the premises in accordance with RSA 540:3 and 5, but only for one of the following reasons:

(a) Neglect or refusal to pay rent due and in arrears, upon demand.

(b) Substantial damage to the premises by the tenant, members of his household, or guests.

(c) Failure of the tenant to comply with a material term of the lease.

(d) Behavior of the tenant or members of his family which adversely affects the health or safety of the other tenants or the landlord or his representatives, or failure of the tenant to accept suitable temporary relocation due to lead-based paint hazard abatement, as set forth in RSA 130-A:8-a, I.

(e) Other good cause.

(f) The dwelling unit contains a lead exposure-hazard which the owner will abate by:

(1) Methods other than interim controls or encapsulation;

(2) Any other method which can reasonably be expected to take more than 30 days to perform; or

(3) Removing the dwelling unit from the residential rental market.

III. If the grounds for eviction is other good cause as set forth in paragraph II(e) of this section, and such cause is based on the actions or inactions of the tenant, members of his family, or guests, the landlord shall, prior to the issuance of the eviction notice, provide the tenant with written notice stating that in the future such actions or inactions would constitute grounds for eviction. Such notice shall be served in accordance with RSA 540:5 or by certified mail.

IV. A tenant's refusal to agree to a change in the existing rental agreement calling for an increase in the amount of rent shall constitute good cause for eviction under paragraph II(e) of this section, provided that the landlord provided the tenant with written notice of the amount and effective date of the rent increase at least 30 days prior to the effective date of the increase.

V. "Other good cause'' as set forth in paragraph II(e) of this section includes, but is not limited to, any legitimate business or economic reason and need not be based on the action or inaction of the tenant, members of his family, or guests.

--75.68.xxx.xxx




Tenant 'Guest' (by Brenda [TX]) Posted on: Jul 21, 2008 2:16 PM
Message:

I'm glad you corrected me when I'm wrong-but no yelling necessary.

So I was right the first time...and you proved me right: (e) Other good cause.

1) Someone living with tentant that is not on the lease.

2) Smoking in non-permited areas. --167.6.xxx.xx




Tenant 'Guest' (by nhsailmaker [NH]) Posted on: Jul 21, 2008 3:12 PM
Message:

what is written in NH law and what judges will accept in NH are 2 different things.... you have to know your own state and more important your own District Judges. What flies in conservative Newport does not fly in liberal Portsmouth.

The only thing consistant is that all the notices delivered to tenants better be proper

--75.68.xxx.xxx




Tenant 'Guest' (by Cheryl [NH]) Posted on: Jul 21, 2008 4:42 PM
Message:

I have learned that the judge who is currently retiring was against the landlord. A lawyer also confirmed this. I've heard the new judge is not much better.. --65.175.xxx.xx




Tenant 'Guest' (by Virden [OH]) Posted on: Jul 22, 2008 9:35 AM
Message:

You need to get update for your insurance, anyone over 18 must fill out the credit check and pay the fee if they missed it when the lease began, anyone overnight more than 13 times a year is considered a resident per your insurance, after they do the credit check present the lease addendum for 100 bux per person increase, if they wanna stay they gotta pay... --76.241.xxx.xx





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