NH Senator authors bill to avoid small dollar evictions

2 Replies

It strikes me personally as funny, I am the owner and occupant of a 3 family in Manchester.  Hassan wants to eliminate "small dollar" evictions, but nothing addresses the fact that the District Court that hears eviction can only make a "small dollar" award. The maximum judgement you can get in NH from LT Court is $1500.00.  Which is just a few hundred shy of the average monthly rent for a two bedroom apartment. 

Hassan claims in her facebook page that evictions in NH happen "quickly", I can personally attest since I am in day 28 of an eviction for which my tenant now owes me (as of today) more than the Judge can legally grant. I can go to small claims court, but things like "blood from a turnip" and more filing fees make that less than desirable. My tenant obviously well aware of how to milk the system, requested a hearing by filing an appearance on the "return day", the final day you can. I will be 38 days into the process by the time of Court, and another 8 days minimum from lockout provided the tenant does not file an appeal. 

Since when is a month and a half for non payment of rent "quickly"?

If the tenant files an appeal, the tenant can stay the eviction for an additional 30 days after the notice of intent to appeal, provided the tenant pay into the Court the current rent converted into weekly payments. Not to the landlord, the Court.  This leads to two and a half months, no rent, no eviction. 

If the tenant waits the full 30 days to file the appeal, the eviction is stayed until the appeal is dismissed (likely in non payment of rent cases) an additional 14-20 days. 

Now you get your writ of possession in five days. 

Since when is is three months for a non payment of rent "quickly"?

Three months (only if the case isn't accepted by the State Supreme Court) for me adds up to $3300.00 not including cost of filing, service and lockout, in a Court where my maximum judgement (which we all know I will never see the money) is $1500.00

We are 100% getting out of the business, that apartment can sit empty until I die.... I don't care, legislation such as this benefit the tenant at the expense of the landlord who has ZERO real protections against tenants who don't pay rent.

Rant over.

Same reason I am in the process of liquidating all non-commercial in the Peoples Republic of California. There are law firms that specialize in screwing the landlord. They can delay evictions for 6+ months and when the tenant leaves, the place is trashed. Forget about collecting. I am strictly cash for keys now

Jeff Willis, I left California in the mid 80's before it got really crazy, I can't imagine owning income property in California. Did you know in Arkansas an unlawful detainer (staying beyond notice to vacate) is a misdemeanor? It becomes criminal?  In 13 States, non payment of rent puts the tenant on the street in two weeks? The tenant has to initiate suit against the Landlord, and have a defense or can't file. I keep hearing politicians claim 'housing is a right" and the tenant could lose their "home"...... wait? what?  That is MY home, they pay me they can use it, they don't I want it back.  If "housing is a right", why the heck am I paying a mortgage and taxes?