Evicition Problem (by Cheryl [NH]) Jun 13, 2008 2:14 PM|
Evicition Problem (by MrRational [MD]) Jun 13, 2008 2:26 PM
Evicition Problem (by nhsailmaker [NH]) Jun 13, 2008 5:16 PM
Evicition Problem (by Laura [CO]) Jun 13, 2008 6:31 PM
Evicition Problem (by Laura [VA]) Jun 14, 2008 2:31 AM
Evicition Problem (by Steve [MA]) Jun 14, 2008 4:44 AM
Evicition Problem (by billy button [MA]) Jun 14, 2008 6:55 AM
Evicition Problem (by Cheryl [NH]) Jun 14, 2008 7:01 AM
Evicition Problem (by Cheryl [NH]) Posted on: Jun 13, 2008 2:14 PM
State Specific Question About: NEW HAMPSHIRE (NH)
Hello again - I'm in the middle of my eviction. I went to court house today to amend amount since tenant had made a partical payment last week and again today. The clerk told me I can't amend it. She kept insisting I get legal advice and made everything sound like I should not have taken partial payment. I'm thinking - what ? - it says that I can accept partial payment according to the law...
Another issue now is my tenant has now paid everything for May rent except $5.00... Even though it was not in the alloted time period. Anyway, should I just forget this eviction and move onto June? I've already served her a demand & eviction on June 5 so I'm wondering if I should just proceed with June eviction... and not accept any money..
What's your thoughts? --65.175.xxx.xx
Evicition Problem (by MrRational [MD]) Posted on: Jun 13, 2008 2:26 PM
If I remember your original thread and what you posted there... the eviction can and will proceed regardless of accepting partial payments if (as you did) you inform them so.
What I'm confused about is why you need (or believe you do) to initiate a new eviction when the one you started is still in the process.
If/when you get to court you bring a current to that day accounting of ALL money still due (with notations of the late money paid),and the fact that the tenant has had notice to vacate. The money stuff is (or should be) an independent issue from the possession.
Seems straightforward enough to me. --71.166.x.xx
Evicition Problem (by nhsailmaker [NH]) Posted on: Jun 13, 2008 5:16 PM
idiot clerk - what district court?
Just go to the already scheduled hearing and lay it out for judge and do not accept mediation - just a waste of time . Most likely tenant will skip thinking he paid..then you get automatic writ of possession. --75.68.xxx.xxx
Evicition Problem (by Laura [CO]) Posted on: Jun 13, 2008 6:31 PM
I took a partial payment once and I returned it to the tenant before the Court date. I put it to a money order and I sent it back to them Certified. The eviction went thru. --207.200.xxx.xxx
Evicition Problem (by Laura [VA]) Posted on: Jun 14, 2008 2:31 AM
I know it's different from state to state, but I was in your same position and I got possession from the Judge. He asked me how much had been paid and how much was still owed and then gave me possession. I did have to send the tenant a note stating that I was accepting the payment "with reservation" when I received the previous month's rent.
nhsailmaker is right -- they will likely believe they are off the hook and not show for the court date. --71.63.xx.xx
Evicition Problem (by Steve [MA]) Posted on: Jun 14, 2008 4:44 AM
In MA if we accept partial payment after a 14 day notice and / or a summons has been served we must provide a receipt stating that these monies are being accepted for use & occupancy only. If we do not give this receipt the non-payment eviction process must start all over.
If this is your first eviction you might be best served by hiring a lawyer that is knowledgeable in NH LL / Tenant laws. More than likely after your first complete eviction you should be able to handle another one on your own. --72.85.xxx.xx
Evicition Problem (by billy button [MA]) Posted on: Jun 14, 2008 6:55 AM
i would get an atty if its your first eviction as Steve suggests.and press on.jun is 2 weeks late now. --208.58.x.xx
Evicition Problem (by Cheryl [NH]) Posted on: Jun 14, 2008 7:01 AM
It's Laconia District. I did give her notice that I would accept partial payment but eviction was still proceeding. 7-Day Demand for Rent & Eviction was given on May 27. Went to court June 3 for writ & tenant was served same day. I returned papers to court when I got them back from Sheriff. Return date for tenant is Monday, the 16th. She paid partial on June 7 & partial on June 13. She only owes ~$5.00 for May (inc. all fees). Now she owes for June Rent, late fees & liq. dam.
Two things - Yes, I do believe that she thinks everything is 'OK' now that she's paid something. When I went to the house to work upstairs, she came out - handed me another comp check signed over to me - and said how much she should be getting from now on and as they come in, she'll sign them over to me (as if that makes everything better)... so I'm thinking she's not appealing...
The other thing is if anyone gets a chance, please readl NH Law Chapter 540 -- 540:9 specifically. This is another section which states that a tenant has to pay ALL arrearages plus liq. dam. [$15] BEFORE the expiration of the notice [Demand] in order to keep tenancy. It seems pretty clear that she did not pay ALL arrearages BEFORE the expiration of the Demand of May 27 which was June 3.
And, thanks again for your input ! --65.175.xxx.xx