NH Landlords take note: Important change in eviction workouts
For those of you with New Hampshire rental property, this is from the legislative liaison for the NHREIA. In summary, for now, agreements in court regarding future rent payments will be denied by the courts:
"One huge change that has happened in the past few months relates to a NH Supreme court case this year.
The extremely short version of the case analysis is that any eviction work out agreement between landlord and tenant that involves future rent will be denied.
It has often been the case that during an eviction hearing at court a landlord would offer an agreement where the tenant would pay weekly rent plus an extra amount to get caught up. If the tenant did not make the weekly payment the landlord would ask for and receive a writ of possession with out starting the eviction all over again.
That type of arrangement would involve rents future to the court date and now will not be allowed.
Both the landlord side and tenant side of this feel the supreme court decision to be a tragedy and hurts both sides.
Interestingly, we are in communication with NHLA to co-write a bill that will fix the situation. It will be one of our major bills this next legislative season.
For now, it is advised to NOT make any eviction work out agreements at court.
The supreme court case analysis is located at
http://law.justia.com/…/ne…/supreme-court/2015/2014-057.html"
To clarify, the text in quotes was written by Nick Norman, the legislative Liaison. I am not making any recommendations, he is.
