What Do I do NOW!!!! (by ben [NH]) Sep 7, 2010 7:56 AM|
What Do I do NOW!!!! (by John... [MI]) Sep 7, 2010 8:08 AM
What Do I do NOW!!!! (by ben [NH]) Sep 7, 2010 8:16 AM
What Do I do NOW!!!! (by Steve [MA]) Sep 7, 2010 8:19 AM
What Do I do NOW!!!! (by DaveS [IL]) Sep 7, 2010 8:33 AM
What Do I do NOW!!!! (by ben [NH]) Sep 7, 2010 8:51 AM
What Do I do NOW!!!! (by ben [NH]) Sep 7, 2010 8:53 AM
What Do I do NOW!!!! (by John... [MI]) Sep 7, 2010 8:56 AM
What Do I do NOW!!!! (by ben [NH]) Sep 7, 2010 8:58 AM
What Do I do NOW!!!! (by Echo [GA]) Sep 7, 2010 9:58 AM
What Do I do NOW!!!! (by Steve [MA]) Sep 7, 2010 10:08 AM
What Do I do NOW!!!! (by ben [NH]) Sep 7, 2010 10:35 AM
What Do I do NOW!!!! (by Natalie [CA]) Sep 7, 2010 10:59 AM
What Do I do NOW!!!! (by Doris [NC]) Sep 7, 2010 12:43 PM
What Do I do NOW!!!! (by ben [NH]) Sep 7, 2010 1:15 PM
What Do I do NOW!!!! (by Reid1 [KS]) Sep 7, 2010 2:17 PM
What Do I do NOW!!!! (by Robin [GA]) Sep 7, 2010 3:15 PM
What Do I do NOW!!!! (by Robin [GA]) Sep 7, 2010 3:16 PM
What Do I do NOW!!!! (by AllyM [NJ]) Sep 7, 2010 5:55 PM
What Do I do NOW!!!! (by Chris [CA]) Sep 7, 2010 7:11 PM
What Do I do NOW!!!! (by BRAD 20,000 [IN]) Sep 7, 2010 10:49 PM
What Do I do NOW!!!! (by Pat [VA]) Sep 8, 2010 5:02 AM
What Do I do NOW!!!! (by Lori [NV]) Sep 8, 2010 7:22 AM
What Do I do NOW!!!! (by Virden [OH]) Sep 8, 2010 9:01 AM
What Do I do NOW!!!! (by Mark [NY]) Sep 8, 2010 2:44 PM
What Do I do NOW!!!! (by Wendy [NC]) Sep 8, 2010 2:59 PM
What Do I do NOW!!!! (by ben [NH]) Posted on: Sep 7, 2010 7:56 AM
State Specific Question About: NEW HAMPSHIRE (NH)
I think I may have a real problem. We live in NH. We own a three family and single family on same lot. In Oct of 2009 my wife rented a basement 1bd apartment to a guy we know. He moved in under the unwritten pretence to do minor plumbing repairs in return for low rent. He did a few but never paid any rent for months. He'd pay one month, then skip one...ect. We then found out that he renovated the back room into another bedroom ( only a 1 bd ) and had his buddy move in. Well, on 8/11/10 we served him with a demand for rent. On 9/1/10 we found he had moved into my 3 car garage with out premission. I cut the power to the garage and served him with an eviction notice for unpaid rent and the building of an unlawful bedroom. His " roommate " became very angry and threw me to the ground. We contacted police and pressed charges but they did not arrest, in spite of my scrapes. On 9/2/10 he filed a pettion with the court stating I had illegaly shut off power to his apartment, which is untrue. The garage was never his. The pettion says I need to reinstate power to the garage but it's not his. It also says I can't enter property w out his permission.
What should I do. --98.229.xxx.xxx
What Do I do NOW!!!! (by John... [MI]) Posted on: Sep 7, 2010 8:08 AM
Clearly, you should get a lawyer. You don't know what you are doing -- you've been physically assaulted -- you have a petition demanding you to take action because the court believes that you have attempted a self-help eviction by unlawfully cutting power.
You need a lawyer -- period. You may be able to argue that the rental area did not include the garage that you cut power to -- but, clearly, the judge is already thinking that opposite -- so YOU aren't likely to be able to convince them otherwise without a lawyer.
Also, I realize it doesn't matter much now, but you did so many things that we almost always recommend AGAINST here:
1. Renting to a friend or "a guy we know."
2. Giving reduced rent in exchange for work.
3. Having no written agreement (which is what is REALLY getting you with the garage shut-off because he's going to argue that you DID rent him the garage and you have nothing written to prove otherwise!)
4. Doing what looks like a self-help eviction by cutting power.
So, all kinds of things went wrong -- and are looking to get worse. You need a professional here.
What Do I do NOW!!!! (by ben [NH]) Posted on: Sep 7, 2010 8:16 AM
Thank you John,
But I did not cut off power to the appartment we agreed to rent him, I cut off power to a garage we did not agree to rent him. Doesn't matter to the court does it? --98.229.xxx.xxx
What Do I do NOW!!!! (by Steve [MA]) Posted on: Sep 7, 2010 8:19 AM
It's too bad that you did not bother to learn some NH LL / Tenant laws before you allowed someone to occupy your property. You can use the Landlord/Tenant State Laws link on this site to start learning about NH's laws.
By shutting off the power the courts most likely will rule that you have attempted performed a self-help eviction.
IMO you are in way over your head & need to contact a lawyer to determine what is the best course of action. NH has several LL groups which should be able to help you find a lawyer in your area.
What Do I do NOW!!!! (by DaveS [IL]) Posted on: Sep 7, 2010 8:33 AM
Exactly what John and Steve above have said...lawyer up, now, today...you have done so many things wrong and are so in over your head that you are going to get nailed unless you get immediate legal help. Because you don't have a written legal contract your tenant may be able to convince a judge that the garage was included as part of his lease no matter what you say. --67.224.xx.xxx
What Do I do NOW!!!! (by ben [NH]) Posted on: Sep 7, 2010 8:51 AM
I am ashamed to say this but I may be unable to affored a lawyer. I am self employed and have a child with a congenital heart defect that was repaired in Boston. Our insurance only covered a portion. Financialy those bills eat up most of my savings and cashflow (I pay my bills, unlike this dirtbag, when somebody saves my beloved sons life I repay them as promised)
I think I should restore the elect, continue eviction for nonpayment and go from there. What do you think? --98.229.xxx.xxx
What Do I do NOW!!!! (by ben [NH]) Posted on: Sep 7, 2010 8:53 AM
Oh....Im touched there are people like you willing to help. I cant thank you enough. God Bless. Glad I found this site. --98.229.xxx.xxx
What Do I do NOW!!!! (by John... [MI]) Posted on: Sep 7, 2010 8:56 AM
Actually, while I still say that a lawyer is what you really NEED to do, if you really, really cannot get one -- that might be a viable option...
Immediately restore the power no matter what -- since you have a court petition to do so. Then just evict for non-payment of rent and forget about the other violations for now.
Basically, it is usually MUCH easier to just evict for non-payment than anything else. So, be sure to check with your state laws (maybe someone here from NH can help you), but give the proper notices and file for eviction for non-payment.
But, again, first thing -- get the power on now. Like, right now. Like, I don't see why you are posting here if the power isn't on yet. :)
What Do I do NOW!!!! (by ben [NH]) Posted on: Sep 7, 2010 8:58 AM
On my way!!!
THANK YOU SO MUCH!!!!!!!!!!!!!
I'll get back ASAP. --98.229.xxx.xxx
What Do I do NOW!!!! (by Echo [GA]) Posted on: Sep 7, 2010 9:58 AM
If you cant afford a lawyer, then get the power back on. And learn really quick how to do an eviction in your local area. This is done in most states thru the Marshals or Magistrates court. Call them. They usualy wont give you legal advice but will tell you what forms you need and how much it costs to start the process. Start the process today. Start keeping good notes from this point on. Try to have no more contact with the tenants except thru written notice since they are physical. You will get thru this but its gonna cost you some time, effort and money. Hold tight and learn the law.Good luck and try to breath. --98.94.xx.xxx
What Do I do NOW!!!! (by Steve [MA]) Posted on: Sep 7, 2010 10:08 AM
If you Google NH landlord groups you will find at least 3 groups (1. NHPOA, 2. NH Landlord Association, 3. NHREIA, New Hampshire Real Estate Investors Association).
It will also get you links to NH landlord / tenant laws. --72.85.xxx.xxx
What Do I do NOW!!!! (by ben [NH]) Posted on: Sep 7, 2010 10:35 AM
Thanks, working on power now. Still woried about my safety, called a friend ton come just in case I need him to call PD.
Thanks again. I'll let you wonderful people know what happens. --98.229.xxx.xxx
What Do I do NOW!!!! (by Natalie [CA]) Posted on: Sep 7, 2010 10:59 AM
Why didn't you get a restraining order when this guy pushed you to the ground, that might have gotten this person out of your property...
I hope you can still get one. --24.6.xxx.xxx
What Do I do NOW!!!! (by Doris [NC]) Posted on: Sep 7, 2010 12:43 PM
I am sorry for all your pain and troubles but we live and learn by our mistakes. File a restraining order immediately! And then I would apply for a weapons permit if you don't have one. These deadbeats are ugly and you need to protect your self and your family.I certainly don't advocate violence but they have demonstrated that they intend to harm you. Best of luck! --98.24.x.xx
What Do I do NOW!!!! (by ben [NH]) Posted on: Sep 7, 2010 1:15 PM
I just delivered a written notice asking permission to restore power ( to my own garage that is and has been for 5 years unrented ) as per court orders. I am going to discuss a restraining order with my wife.
You are all kind people.
Thank you. --98.229.xxx.xxx
What Do I do NOW!!!! (by Reid1 [KS]) Posted on: Sep 7, 2010 2:17 PM
When you talk to your atty find out about a "peace Bond " against the room mate. If you are over 55Yo use that to your advantage and check on the elder abuse laws in your state. --99.103.xxx.xxx
What Do I do NOW!!!! (by Robin [GA]) Posted on: Sep 7, 2010 3:15 PM
I don't have any advice for you, Ben. But I want to offer my "e-support." :-)
I understand why you shut the power off to the garage since it's not rented to the tenant; why should that giu get to use your power for free? Unfortunately, no matter how much it stinks, that's the way it is.
I hope you are able to find the money to hire a flat rate eviction lawyer to get those thieves out of your property. That way you know everything is done right and the case won't get thrown out of court. --24.42.xxx.xx
What Do I do NOW!!!! (by Robin [GA]) Posted on: Sep 7, 2010 3:16 PM
"gui" should be "guy"
What Do I do NOW!!!! (by AllyM [NJ]) Posted on: Sep 7, 2010 5:55 PM
When you go to court, take witnesses that know you did not rent him the garage.
But do get a lawyer. It will work out OK eventually. Make sure you have a written record in a rent record book to show the judge the months you were paid and the month's not paid.
Also a witness who knows there was no bedroom back there. --76.99.xxx.xx
What Do I do NOW!!!! (by Chris [CA]) Posted on: Sep 7, 2010 7:11 PM
Break down thatv huge issue into several smaller parts and sort them all out, one after the other.
Hire a specialist eviction law firm, get a flat rate deal. / Take the subtenant or mesne to court with a TRO. / Call Code Enforcement as this is a fire violation and if someone gets killed in a garage fire, who they gonna sue? I don't have smoke detectors in the garages!
Not having a lease has its advantages here. Your lawyer needs to get these people into court. And I'm scared you may not have proof of service. Have the law firm do it again, if there is any doubt and no independent witness.
Stay away and be safe. Sounds like you are dealing with two nutters! I wouldn't rock the boat this way - they seem to be very disturbed and delusional if they think they can live like this forever! --125.25.x.xx
What Do I do NOW!!!! (by BRAD 20,000 [IN]) Posted on: Sep 7, 2010 10:49 PM
I understand you don't have extra money, but this situation needs help. Without professional help, this could cost you WAAAY more than your attorney fees. (shop around - they're looking for work, too!)
Do you have a friendly police officer or perhaps attorney from church that could do you a favor to help solve this? Pay the atty over time. (re-rent and you'll have some income!)
Might ask for a local PROFESSIONAL property manager to step in and assist. My state will allow a PM to represent my lease in court.
Avoid court at all costs - YOU are the bad guy in the eyes of the law right now.
If it does go to court, keep you mouth closed and let your atty do all the talking.
What Do I do NOW!!!! (by Pat [VA]) Posted on: Sep 8, 2010 5:02 AM
None of the TV Judges ever allow rent for an illegal apartment... not sure how they would respond if the tenant causes the apartment to BECOME illegal. Proving it is the problem. He said, she said....
I can't believe the cops wouldn't respond to an assault, regardless. Did you have a witness? --71.51.x.xxx
What Do I do NOW!!!! (by Lori [NV]) Posted on: Sep 8, 2010 7:22 AM
Wow. Well, for sure you and wife should not be landlords. Again, just another case of someone "playing" at landlording. You have no idea what you are doing. John spelled it out in his first post/reply. Once you evict these guys, educate yourselves about landlording and stop playing at this. --74.45.xx.xxx
What Do I do NOW!!!! (by Virden [OH]) Posted on: Sep 8, 2010 9:01 AM
I would turn on the power and secure the garage door with 2X4s and take photos for proof of vandalism of unrented space, the fact you rented a basement space may be your worst nightmare if there is no way for a fireman to get to your tenant sleeping room from a window or if there is a gas burning appliance next to a sleeping room your place may be condemned until it passes a habitability inspection, this may force a sale and end your landlording troubles. --65.43.xxx.x
What Do I do NOW!!!! (by Mark [NY]) Posted on: Sep 8, 2010 2:44 PM
Arrrgh, Pay no attention to what most of what Lori is saying. everyone starts somewhere and we have all made mistakes,.... many of them. Knowledge is power and no one is born a Landlord.
Good to come over here and read, read , read. You will generally get good information, but you probably still will make some mistakes, hopefully they will not be big ones or that they can't be easily fixed. With knowledge and doing things correctly., this business becomes a LOT easier. --71.123.xxx.xx
What Do I do NOW!!!! (by Wendy [NC]) Posted on: Sep 8, 2010 2:59 PM
We've all made horrific mistakes in landlording unless we INHERITED the business and the knowledge of the person who passed it on. Not to mention the laws changing all the time and no 'courses' that one can take to be a 'certified' landlord (thank gawd for that, actually! Don't need ANOTHER government agency!)
BUT it's important to know YOUR state laws which vary DRAMATICALLY...however you have come to the right place to ask questions and learn.
I don't know NH so won't offer advice except to say good luck!!! And don't feel bad you acted as any NORMAL human being who was not a landlord WOULD.
As time goes on, though, you will realize that a landlord cannot be "normal" and survive...sorry. --173.25.x.xxx