All Forum Posts by: Regina Carr

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? 

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.

While that is funny and may even be true, not really good advice.  My neighbor landlord put a "guess who's moving" with a smiley face on his notice to quit, and they won the eviction, judge gave them 90 days discretionary stay and allowed them to file an appeal granting them an extra 12 weeks. At the end of the day the more professional you are with your tenants and the process, the more likely you are to succeed.

Tread carefully around the drug issues. In the Courts where I am there is a lot of sympathy toward addicts, don't know if that is the case where you are or not. I have had over 20 years of great tenants and also going through my first eviction, of drug addicts. I am sticking to the occupancy facts to play it safe. They owe rent, they aren't paying, I want my property back. I am lucky in that I have some background in law, so I am confident as I evict. However you will hear this advice over and over and so I will say it now. Get a lawyer for your first eviction.

Demand for rent and Eviction notice served on 12/5 and the end date was 12/13, I used the documents the court website provides. I filed the writ yesterday, 12/16, affidavit of ownership, military affidavit, filled out a bunch of paperwork at the court and took it to the sheriff. They have a return day of 12/30, for which two days later January rent will be due.... I am hoping and praying to have them out long before February 1. Can't really afford an attorney.

Just wanted to add about collection of late fees and damages. I have in my lease that all monies go to late fees, damages and are then applied to the rent. So if they break a window, I replace it and send the bill. Any monies I receive after the rent is due is applied to the repair first, then the rent. This is legal in my state, you may want to check yours before putting this in your lease.  A friend of mine in a state that doesn't allow this, charges X dollars for rent, but gives a $50.00 discount for rent paid on the 1st. Clever.

Does anyone on here have experience with NH eviction for non payment of rent? Looking to find out how long it will take if all goes smoothly (all paperwork filed correctly).  This is my first and I fear if it goes into February my owner occupied home will be in jeopardy.