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.

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.

- John...

Thank you John,

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.

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)

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. :)

- John...

On my way!!!

THANK YOU SO MUCH!!!!!!!!!!!!!

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).

Thanks, working on power now. Still woried about my safety, called a friend ton come just in case I need him to call PD.

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 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.

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.

"gui" should be "guy"

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.

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.

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.

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....

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.

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.