All Forum Posts by: Renee R.

I leave cleaner and cloths for the granite counters, a small package of the required pay-as-you-go trash bags (and a list of locations where they can buy more), a binder with local attractions, city resources, emergency phone numbers, what to do if..., the large appliance manuals and a $25 gift certificate to a local restaurant.

I would notify them of the lease violation and demand they correct within the timeframe allowed by your state laws. If they don't, I would initiate the eviction process and follow through if they don't correct by the deadline. That way, if the county catches you, you can show documentation that you took action to the best of your ability base on the law. It also sends a message to your 'good' tenants that they must respect the lease.

@Nicole A.I'm not sure why you keep referencing 'restricted' vs 'non-restricted'. I'm fully aware of the differences (without needing my lawyer to explain) and was never confused about what I can/can't do under the respective circumstances. 

I don't believe I have gotten bad legal advice. And, my lawyer is certainly not afraid of tenants, as some posters have said. His advice is based on his and my desire to get closure as soon as possible with the least possible loss of money. 

I totally appreciate the info you've cited; it always helps to be as informed as possible. And, I don't agree with Matt that you are offering legal advice. I do agree with him in that, there's the law and there's case history, but it shouldn't replace the advice of your attorney in the current circumstances. An experienced RE attorney, such as I have, is likely more up on the current legal issues than I or anything that the average person can find on the internet.

You're spot on @Seth Tucker. They have cured twice in each of the past 3 months, but, because I screwed up and included the late fees in the Demand for Rent/Eviction Notice, I'm going the conservative route. In my most recent (January Demand for Rent/Eviction Notice) I only cited the late rent. While it's possible I could get away with calling this their 3rd cure (assuming they do), I think it would be cleaner if I count Jan as the first cure. No doubt I'll be doing this again in Feb and March as well. <sigh> Then, bingo -- they are done. I don't think any judge will hesitate to grant the writ at that point. Raising the rent in their lease renewal is really just added protection. I know I am being ultra conservative, but I feel better about things not coming back to bite me in my bank account, and losing time because my case is thrown out and I have to start all over.

@Aly W. It's so interesting how state laws can vary so much. What you are able to do in NJ and FL -- stating that the late fees are additional rent -- wouldn't fly in NH.

@Matthew KreitzerYes, I have offered cash for keys, but they refuse.

@Nicole A. It's restricted. I've already given them the Demand for Rent and Eviction Notice. I can't file anything until that expires. They have 7 days to cure. There is reason to be careful and follow my lawyer's advice because, at least in NH, if you take them to court and something is screwed up, you don't get to just fix it; you have to start at the beginning. I don't want to waste that time/$$ if there's a chance a judge will throw out the case because you can't just not renew a lease.

This is all very interesting and I appreciate the discussion, but it has strayed far from my original question. Based on my own real estate lawyer's advice as well as the lawyer who presented the eviction seminar, I never intended to simply not renew the lease. There's sufficient NH case precedent that I'm clear that's not the route to take. As @Matthew Kreitzer said, there's the law and then there are cases to support that law for either side. And, NH district judges have their own interpretations of the laws as well. Therefore, I'm relying on my lawyer, who is highly experience in landlord/tenant issues, to advise me. He said nonrenewal is a bad option, so I'm not going down that path.

My goal here is getting these bad tenants out quickly and with as little legal/financial risk as possible. They are 'bad' because they often pay late I have to chase it down each month, checks bounce, etc. Yes, I do apply late fees and, yes, I my eviction notice does include reference to paying liquidated damages to cure. (Unfortunately, I screwed up on the first two eviction notices and included late fees in the notice, which I have since learned you can't do in NH--only rent.) There are other reasons I want them out as well, but none that have reached the level of 'good cause' and they correct upon notice. (I do document the accumulated infractions).

Getting a tenant out due to non-payment of rent is the quickest and more successful way in NH. It only requires 7-day notice whereas other good cause requires 30. Plus, NH judges don't look kindly on tenants who don't pay rent. Why open the door to other reasons that the tenant can more easily dispute?

My strategy, as I said in my initial question, is to raise the rent beyond what I believe they can pay so I can evict them for nonpayment of rent--the easiest way to get tenants out, at least in NH. I realize they may come up with the additional money and therefore stay. In that case, I'll have more money in my pocket and nonpayment of rent will still be an option if they can't pay.

First, I appreciate everyone's comments. But, this issue falls in the category of be aware of your own state laws. Even then, laws can be interpreted differently by the courts. The statute is NH RSA 540:2, II. The law is specific about reasons for eviction, and expiration of lease is not one of them.

My information is correct and verified by both the lawyer at the seminar I took, who specialized in evictions, and my own real estate lawyer: In NH, expiration of a lease is not 'good cause' for eviction. And, this was tested in the court case AIMCO Properties v. Kasha Dziewisz. The decision said:

       Ultimately, the AIMCO majority concluded that evicting a tenant from a restricted property for no reason other than the expiration of their lease would be “arbitrary,” and as such, contrary to the purpose of the statute. 

More info on the issue can be found at: AIMCO court case  https://www.nhbar.org/publications/archives/displa...

As I mentioned earlier, a bill was introduced in the NH legislature to remedy this, but it died. 

Since expiration of lease is not an option for getting my deadbeat tenants out, I am hoping that raising the rent beyond what they can likely pay is my only option at this point. If they can't or don't pay the rent, I will have to go through the normal eviction process for nonpayment of rent.

@Mike Cumbie - Agreed! Basically, my understanding is there are three ways to get a tenant out in NH: eviction for cause, rehabbing, or because the owner wants to live there. There are a few other ways but none would remotely apply here.

@Nicole A. - I recently attended a seminar put on by a lawyer specializing in landlord/tenant law. He said you can't just not renew; there are specific instances where you can not renew, but nonpayment of rent isn't one of them. I don't have the citation handy, but I recall he referred to a court case where the landlord lost quite soundly. A couple of years ago a bill was introduced in the NH legislature that would allow no renewal for no given reason, but it failed.

@Troy Zsofka - I bought the property nearly two years ago and it was completely rehabbed immediately prior. So, that reason, while possible under NH law, probably wouldn't fly in court, if it comes to that.