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?

Your final recourse it to evict the tenant.

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

Hey Brenda

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.

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.

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