Getting rid of a tenant in New Hampshire is not as simple as telling the person to leave. As the New Hampshire Legal Aid organization says, "Most tenants in New Hampshire aren’t required to leave their homes on just the landlord’s say-so. Most tenants are entitled to a hearing where they get a chance to defend themselves before a judge. And a landlord must get the judge’s permission before the tenant has to leave."
Rocketlawyer warns against trying to remove a tenant without getting a court order. The eviction process starts with a notice to the tenant, the website says. If the tenant refuses to move, it is time to go to court.
The Union-Leader published an article that takes a look at the courtroom process.
New Hampshire has three main reasons a landlord can use to evict someone:
- Not paying rent. Rent has to be paid. The New Hampshire Bar Association has this to say to tenants, "If you are being evicted for non-payment of your rent, your landlord must allow you at least seven (7) days after serving with a written demand, to make payment of the amount owed. Payment of that amount within the seven days will prevent your landlord from completing the eviction process. If you pay after the seven-day period, the landlord will still be able to evict you for non-payment of rent. "
- Violating the lease. Lease violations vary. A contract may say no pets and the tenant gets a dog. Breaking the law is usually a lease violation whether or not that is in the contract.
- Serious damage. This is also called a "seven-day unconditional quit notice." A landlord can do this if the tenant harms the property or people. The landlord sends the tenant a seven-day notice to vacate the property. The tenant does not get time to fix the problem, as he does when the rent is past-due. If the tenant does not leave, then the matter must go to court.
Read the state law on evicting a tenant in New Hampshire here.
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