 Eviction (by Cheryl [NH]) Jun 5, 2008 4:15 AM
 Eviction (by Cheryl [NH]) Jun 5, 2008 4:32 AM
Eviction (by MrRational [MD]) Jun 5, 2008 4:43 AM
Eviction (by MrRational [MD]) Jun 5, 2008 4:46 AM
Eviction (by Cheryl [NH]) Jun 5, 2008 4:51 AM
Eviction (by MrRational [MD]) Jun 5, 2008 5:01 AM
Eviction (by Cheryl [NH]) Jun 5, 2008 5:13 AM
Eviction (by rcn [NH]) Jun 5, 2008 7:04 AM
Eviction (by Cheryl [NH]) Jun 5, 2008 7:42 AM
Eviction (by MrRational [MD]) Jun 5, 2008 7:50 AM
Eviction (by Cheryl [NH]) Jun 5, 2008 8:12 AM
Eviction (by MrRational [MD]) Jun 5, 2008 8:21 AM
Eviction (by Cheryl [NH]) Jun 5, 2008 8:29 AM
Eviction (by Cheryl [NH]) Jun 5, 2008 8:29 AM
Eviction (by Josh [CA]) Jun 5, 2008 10:51 AM
Eviction (by Nancy [IN]) Jun 5, 2008 12:43 PM
Eviction (by Cheryl [NH]) Jun 5, 2008 2:27 PM
Eviction (by Cheryl [NH]) Posted on: Jun 5, 2008 4:15 AM
Message:
State Specific Question About: NEW HAMPSHIRE (NH)
I have started eviction (for the second time in 20 years!) on my tenant. Have gotten the Writ and the Sheriff should be serving her today or tomorrow. She owes rent for the month of May (due May - her check bounced) and now also for June (due June 1). I not only started the eviction but also sent her a letter reminding her that issuing bad checks in NH is a criminal offense. She's been telling me she has a check coming in from comp (she had her shoulder operated on a few weeks ago).. Last night I called to see if she had anything. She says she now has her check from comp and wants to sign it over to me. The check is $700. First, I'm not going to have her sign the check over - she can cash it first and then pay. Secondly, I know I've asked this before but - can I accept the partial payment for May and still go ahead with the eviction? Thanks ! --65.175.xxx.xx |
Eviction (by Cheryl [NH]) Posted on: Jun 5, 2008 4:32 AM
Message:
I just found this under Chapter 540 NH Law --VII. In the case of nonpayment of rent, while the possessory action is pending, the landlord may accept payment of the rental arrearage without creating a new tenancy, provided that the landlord informs the tenant in writing of the landlord's intention to proceed with the eviction in spite of the landlord's acceptance of the payment. The landlord may choose not to accept payment and to proceed with the eviction. Do you read this to mean I can accept partial payment and still proceed with eviction? --65.175.xxx.xx |
Eviction (by MrRational [MD]) Posted on: Jun 5, 2008 4:43 AM
Message:
I don't now how the NH laws are set up on this so I'll leave the LEGAL aspect to others or your own looking.
On the practical aspects some things I'd do... 1) Does she believe that paying all/some of her debt to you will stop the eviction? (Be clear it does not but you'll forego the criminal charge for the bad check). 2) Your decision to evict is because of the aggravation issues of the situation and not the money per se. 3) This may be the ONLY time you will ever see money from this person again. 4) Write a letter detailing your terms and understanding with a reference to it on the check memo line; eg "accepted as described in 6/4 letter". 5) Get her to sign a copy of the letter as being received and understood.
Good Luck.
--71.166.xx.xxx |
Eviction (by MrRational [MD]) Posted on: Jun 5, 2008 4:46 AM
Message:
"provided that the landlord informs the tenant in writing of the landlord's intention"
Basically what I wrote. You're good to go.
I've also only once had to do a formal eviction ;) (Well, the whole way through. knock wood.) --71.166.xx.xxx |
Eviction (by Cheryl [NH]) Posted on: Jun 5, 2008 4:51 AM
Message:
Hello Mr. Rational - Thanks for your input. My tenant has been having difficulty paying for the past 5-6 months. I've gotten all payments except for last month (May) & this month (June). I knew this was coming. At this point, I just want her out - they are pretty slobby people - we had to 'clear' a pathway of clothes and such just to get to the electrical panel. I'm giving her a Demand and another Eviction today for the June rent. She originally asked if I could work with her until the end of June and I said no - that May is already VERY LATE and June is here now. So I just want to find out about the partial payment - I'd like the money from May but I also don't want to forfeit my chance on getting her out. And, yet, I don't want to refuse because that will give her the right to stay.. --65.175.xxx.xx |
Eviction (by MrRational [MD]) Posted on: Jun 5, 2008 5:01 AM
Message:
Back to your OP... I'd accept the comp check rather than waiting and allowing her more time to think it out.
Write up that letter I described NOW, print two copies and keep them in your pocket until AFTER she has endorsed the check over to you.
Get her to hand over the check TODAY (ASAP!); as in before the sheriff delivers her the eviction papers. Ya know?
THEN after you have the endorsed check from her, pull out the letters you wrote and explain how life is going to be re: the eviction process staying in place etc.
After she has calmed down say something like "Thanks for making your check good. I'd like to continue to keep this matter civil between us and not have it escalate further... will you please sign that you received this letter describing what I've just told you."
Then leave. No further discussion. BUT! be careful to keep an eye on your place or have someone close do it for you until she has actually left.
--71.166.xx.xxx |
Eviction (by Cheryl [NH]) Posted on: Jun 5, 2008 5:13 AM
Message:
Thanks, Mr. Rational. I'm still trying to find something on partial payments... don't see anything. I may call the court. I was thinking pretty much like you - give her a letter stating that since ALL the rent arrearages were not paid, eviction is still in process. I did also send her a letter regarding the bad checks (criminal offense) to hopefully push a little bit. I would let that part of it go if I can just get her out at this point. Hopefully I will find something out about the partial payment and then if I can accept it, I'll follow thru with the letter, etc... Also wanted your opinion - I'm planning on giving her a Demand & Eviction for June rent today (it was due the first, late by the 4th).. Does this mean I'll have to get another Writ after her 7 days is up? Or can I amend the Writ that is currently filed for May? Thanks for your help - I appreciate it. --65.175.xxx.xx |
Eviction (by rcn [NH]) Posted on: Jun 5, 2008 7:04 AM
Message:
cheryl, get the cash and THEN, inform that you are still proceeding!! --166.68.xxx.xxx |
Eviction (by Cheryl [NH]) Posted on: Jun 5, 2008 7:42 AM
Message:
I've gotten a few different answers on receiving a partial payment. Some people say (1) Take the partial payment and still evict. (2) If I take the partial payment, it shows acceptance and I cannot continue to evict and (3) If I refuse payment, the tenant will win an appeal on my refusal. SOOOO, now I'm not sure what I should be doing... --65.175.xxx.xx |
Eviction (by MrRational [MD]) Posted on: Jun 5, 2008 7:50 AM
Message:
Forget the niceties of it.
If you don't take that comp check TODAY you will NEVER see another penny from this woman ever again (even with Judgement), PLUS you'll still have the eviction hassle.
Get YOUR money NOW and then get possession of the apt back; THEN work out the accounting.
Is this clear enough?
--71.166.xx.xxx |
Eviction (by Cheryl [NH]) Posted on: Jun 5, 2008 8:12 AM
Message:
I'm sorry you think I'm so stupid; however, your statements still don't answer my question --- If I accept partial payment, can I still continue w/eviction? I don't want to accept partial payment and not be able to continue w/eviction. --65.175.xxx.xx |
Eviction (by MrRational [MD]) Posted on: Jun 5, 2008 8:21 AM
Message:
I don't think you're stupid. I think you are too close to the trees to see the forest.
The question you ask is one YOU have already answered when you said: "Have gotten the Writ and the Sheriff should be serving her today or tomorrow."
And then provided the NH law statement: "In the case of nonpayment of rent, while the possessory action is pending, the landlord may accept payment of the rental arrearage without creating a new tenancy, provided that the landlord informs the tenant in writing of the landlord's intention to proceed with the eviction in spite of the landlord's acceptance of the payment."
Go get your money honey.
--71.166.xx.xxx |
Eviction (by Cheryl [NH]) Posted on: Jun 5, 2008 8:29 AM
Message:
OK - I re-read the law and it does appear that I'm OK -- I guess I just needed reassurance... so I'm off to see the tenant, the wonderful tenant of mine... --65.175.xxx.xx |
Eviction (by Cheryl [NH]) Posted on: Jun 5, 2008 8:29 AM
Message:
Eviction (by Josh [CA]) Posted on: Jun 5, 2008 10:51 AM
Message:
Good to see posters helping each other. The original poster did her home work. Mr Rational
apply his experience. Question answered well.
Bravo!
--71.119.xxx.xxx |
Eviction (by Nancy [IN]) Posted on: Jun 5, 2008 12:43 PM
Message:
Cheryl, if the law reads exactly as you posted, it looks like you are ok.
Get the money in cash. You won't get another dime afterward, until you pursue the judgment, most likely. --65.54.xx.xx |
Eviction (by Cheryl [NH]) Posted on: Jun 5, 2008 2:27 PM
Message:
UPDATE - THANKS to everyone for the help. Wanted to give you an update.. I went to the tenants. She wasn't home - her daughter-in-law (who's only 19) was there. She rips off the check from the stub and it is just signed. I told her that the tenant needs to make it payable to me.. I go out to the car & call the tenant. She doesn't answer. I had to go to work. I was so ticked off I forgot to leave the Demand & Eviction for June. Anyway, go back later. No one home. I leave the Demand & Evict and a note that I had previously copied - telling her that it is up to her to get the rent to me. It's not my responsibility to do the running around [especially w/gas prices]. I also called Sheriff - she was served with the writ on Tuesday, June 3. So that's where I'm at... (To Mr. Rational -We're also renovating the upstairs apartment so we have been there quite often to keep an eye on the place).. --65.175.xxx.xx |
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