All Forum Posts by: Renee R.

I don't believe NH law allows me to simply not renew the lease. That bill was proposed last session, but it didn't pass. The unit was recently fully renovated just before I bought it, so I don't expect I'll have to do much besides clean it.

Since I only have two years of REI under my belt, this is more of a check in to see if I'm going down the right path here and if there's anything else I could be doing.

I have trouble tenants that I inherited and their lease expires 3/31/16. I'm hoping they will not renew by raising the rent significantly—thinking of going from $1,295 to $1,500, the median rent for the area. I would give them more than 60 days’ notice (and would also provide the new lease at least 30 days in advance with the new rent amount). Any experience with how effective this will be? I’ve been told to raise the rent to $2,000, but I really wouldn’t be able to rent to new tenants at that rate. How would that look to a judge if I ultimately have to go to court?

I previously offered cash for keys due to other issues, but they wouldn’t budge. Due to the angry texts and phone calls from them, not to mention their other criminal behaviour (assaults, shoplifting with child in tow), I don’t want to reason with them or talk in person any more. 

I’m hoping the rent increase and the extended notice to find something else will get them out.

Anything else I should be doing?

A fellow investor here on BiggerPockets alerted me to an upcoming seminar on evictions. He said he went last year and it was worth it. Eviction Seminar Oct 29 - Manchester

https://www.regonline.com/register/checkin.aspx?eventid=1766773&ResponseMemberId=7reP8h6FZqL38D/TeqZtiA==&jID=1486332

I had a little trouble locating the info on the NH eviction seminar on Oct 29, so I thought I'd save you the trouble, if you're interested, and provide the link here: NH Eviction Seminar Oct 29 Manchester

https://www.regonline.com/register/checkin.aspx?ev...

@Vincent Crane Thanks for that wording. I wondered how that should be worded.

@Troy Zsofka I'm not sure I fully understand what you mean by no statement of claim. I don't intend to put the late fees on the statement of claim, but are you also saying I shouldn't be putting the late October rent of the statement of claim? If not, what's the point? 

Thanks for the tip on the Oct 29 seminar.

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.

Ha! I kept reading the decision and I am correct. The agreement can be on arrearages, but NOT on future rent.

@Ann Bellamy- I've read through the decision and it seems the issue was that the agreement included on-time payment of future rent, otherwise the current writ of possession would go into effect. The court says the tenant can't give away his rights on a future event. 

I think if the agreement had only included the requirement of payment of arrearages (and not on-time payment of future rent) it would have been fine. 

@Ann Bellamy, Thanks, I'll read the court decision. It seems that the agreement is okay, but you can't leave the writ open-ended. I'll see if I can figure it out. Otherwise, I just won't enter into an agreement. 

I'm not sure what to do if this goes on another month. The limit for an eviction is $1,500 and the October rent is $1,295, not including filing and service fees. If the tenant also doesn't pay November, where does that leave me--just small claims court? Would it be eviction court for Oct and small claims for Nov? Can I also get a collection agency after him at the same time?