I’m trying to outline the (strictly) legal steps for an eviction. I would like to get feedback to clarify the time frames and would also like to hear what your experience has been with evictions when a Tenant doesn’t pay the rent simply because they say they have other expenses and not enough money. (In this case, he says it's due to his lawyer bills in custody and assault hearings. LOL)
Note: I'm NOT looking for info on Keys for Cash; contacting the tenant immediately when rent it late; or things that should be in a lease to avoid eviction--just looking for the legal time frame.
1. Day 1: Rent due
2. Day 2: Rent late
3. Day 8: Send Demand for Rent and Eviction Notice
4. Day 15: Deadline for Tenant to cure
5. Day 16: Filing a Writ of Possession
6. TBD: Return Date (Deadline for Tenant to return Appearance Form)
7. About 3 days after Tenant files Appearance Form: Hearing Date provided
8. 6-10 days after filing Appearance Form: Hearing Date
9. At least 8 days after the Hearing Date: Writ of Possession issued and served by Sheriff; Tenant must leave that day; (Tenant can ask judge as early as at the Hearing for Discretionary Stay that can be up to 90 more days in the home, even though Tenant lost the eviction hearing. Tenant will be responsible for paying rent during discretionary stay.)
10. Up to 7 days from the day Tenant lost the eviction: Tenant can file an appeal.
11. 30 days from Hearing (if Tenant files an appeal): Deadline for Tenant to present appeal to New Hampshire’s State Supreme Court. Tenant must pay rent to the court each week for 30 days from the day of the eviction hearing and hold for the Landlord. If Supreme Court doesn’t accept appeal, Writ of Possession is immediately available.
12. 8th day after Tenant leaves: Any personal property left by the Tenant; after that landlord can dispose of it as they wish and does not need to reimburse Tenant.