The court recommends that parties try mediation before a court case is filed. This may cause an end to the eviction process.Īfter the expiration date, if the tenant does not move out or cure, the landlord may move to the next step in the process and file a court case, obtaining the landlord tenant writ. When eviction is not based on failure to pay rent, the tenant may move out or the tenant may seek to resolve the underlying reason for the eviction with the landlord. Tenants and landlords should be aware that there are housing or welfare programs which may be available to aid tenants in paying back rent. The tenant can only use the cure process three times over a twelve month period. To avoid the eviction, the tenant must pay all the back rent plus $15. The eviction notice also informs the tenant about the ability to avoid an eviction if based on failure to pay rent. After the expiration date, the landlord can start the court case to evict the tenant. The expiration date on the form is the date the notice period runs out. Alternatively, if the eviction is based on the tenant's failure to comply with a material term of the lease, then a 30-day notice period is required. The eviction notice must state the reason for eviction and the corresponding notice period.įor example, if the reason for the eviction is failure to pay rent, a 7-day notice period is required. While the landlord does not have to use the court's eviction notice, the landlord must strictly comply with the notice provisions under RSA 540 and include the same information as outlined on the court's form. On the screen is the court's eviction notice, which can be found on the court's website. The landlord may give the notice directly to the tenant or may leave the notice at the tenant's residence, such as taped to the door.Īfter the landlord has given the tenant an eviction notice and possibly the demand for rent, the landlord must fill out the certificate of service section on those documents, recording the time and the date notices were provided to the tenant. The demand for rent identifies the dates that the tenant has not paid rent as well as the back rent amount. In those cases, a demand for rent is required. One common reason for eviction is failure to pay rent. In all cases, the landlord must list a statutory reason for the eviction. A landlord can only evict a residential tenant for good cause including some specific reasons listed in the statute. The eviction notice itself tells the tenant that the landlord is planning to go to court to evict or remove the tenant. It is important to note that the eviction notice is not a court order telling the tenant to leave. Eviction begins without the court's involvement, when the landlord gives the tenant an eviction notice, and if nonpayment of rent is the issue, a demand for rent. Generally, the eviction process also applies to non-residential, or non restricted rentals or tenancies, but some properties, like shared facilities where you might be renting a room in house or a vacation or recreational property do not use the eviction process under RSA 540. This is because certain extra provisions of RSA 540 and 540-A apply. In most cases, a residential rental can be referred to as restricted property. This video only covers residential rentals. Part 1: Before Court Involvement, Including Mediation If you cannot afford a lawyer, you may be able to get assistance from 603 Legal Aid by calling 1-80.If you have any additional questions about the eviction process after watching this video, please visit the court's website or call the Trial Court Information Center at 1-85. It is the landlord's responsibility to know and to follow the procedural requirements necessary to evict a tenant. The Landlord-Tenant Writ and Appearanceīecause this video is intended to provide you with a basic outline of the typical eviction process, the court highly recommends that you talk to an attorney about whether the eviction process outlined here applies to your specific situation and what your legal rights and obligations are. Before Court Involvement, Including MediationĢ. In this video, we will go over the typical landlord-tenant eviction process in New Hampshire.ġ. If an eviction is legal, the landlord can obtain an order to remove the tenant. The eviction process in New Hampshire, outlined in RSA 540, protects the rights of landlords and tenants and ensures that tenants are only evicted when allowed by law. Today I want to talk to you about what to expect when a landlord decides to evict a tenant from rental property. Navigating the New Hampshire Eviction Process Transcript of video: New Hampshire Court Accreditation Commission.Judicial Performance Evaluation Advisory Committee.
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