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Eviction (by Cheryl [NH]) May 22, 2009 1:25 PM
       Eviction (by nhsailmaker [NH]) May 22, 2009 2:50 PM
       Eviction (by Cheryl [NH]) May 22, 2009 4:59 PM
       Eviction (by Lisa - MA/NH Border [NH]) May 22, 2009 7:09 PM
       Eviction (by nhsailmaker [NH]) May 23, 2009 4:18 AM
       Eviction (by Cheryl [NH]) May 23, 2009 6:10 AM
       Eviction (by nhsailmaker [NH]) May 25, 2009 2:18 PM

Eviction (by Cheryl [NH]) Posted on: May 22, 2009 1:25 PM

State Specific Question About: NEW HAMPSHIRE (NH) For Everyone's Info: Rent is due at my apts the 1st and considered late by the 4th. On the 6th I served a Demand and Eviction. I went to the court house on the 15th to get a writ to take to the sheriff. The clerk tells me that I shouldn't get a writ until the end of May since the rent is for May 1 - May 31. Therefore, I shouldn't get a writ yet - I need to wait until after May 31! I also contacted the local landlord's association who said the same thing.

So this means that a tenant has to be at least one month behind before you can get a writ and then if rent is due the 1st, you have the next month; therefore, a tenant can live in the apt for one month 'free' and when the next rent is due you can get the writ.

Doesn't seem to go with the laws of NH! But I guess I have no choice. Talk about being for the tenant!!!!!


Eviction (by nhsailmaker [NH]) Posted on: May 22, 2009 2:50 PM

TOTAL BULL....Ask for another clerk: or go to another courthouse and seek help.... Absolutely False and you need to get really going on this issue. What county are you in?

Landlord and Tenant Procedure

Landlords or tenants in doubt as to the legal requirements of a landlord and tenant action should consult with an attorney or the applicable law, RSA 540 and District Court Rules 5.1 – 5.12.

Information for Landlords

Effective January 1, 2007, the district court is required to provide forms for a Demand for Rent and Eviction Notice (formerly known as the Notice to Quit) in court locations and on the New Hampshire judicial branch website. Although landlords are not required to use these forms, they are still required to use forms with language that complies with both RSA 540:3 and RSA 540:3-1.

Forms: Eviction Notice

Demand for Rent

Cost of writ: $1.00

Filing fee: $75.00.

The writ must be purchased from the court, completed (except for the return date), filed with the court, and filing fee paid prior to service of process.

The Demand for Rent (if applicable) and Eviction Notice must have been delivered to the tenant and must have expired prior to the landlord’s filing of the writ.

The court may require an affidavit of ownership/tenancy.

If the writ includes a claim for unpaid rent, a completed statement of the claim and affidavit of damages must accompany the writ to be served upon the tenant. This form will be provided at the time of the purchase of the writ at no extra charge.

It is the responsibility of the landlord to deliver the completed writ and accompanying affidavit of damages and statement of claim (if applicable) to the sheriff for service upon the tenant. With the sheriff's assistance the return date on the writ will be completed. Once service upon the tenant has been made, the landlord must file the return of service with the court.

Upon completion of the court action, should the court grant a Writ of Possession to the landlord, the writ will only be issued upon the filing of a completed military affidavit. This form may be obtained from the clerk’s office. --75.68.xxx.xxx

Eviction (by Cheryl [NH]) Posted on: May 22, 2009 4:59 PM

I COMPLETELY agree w/you nhsailmaker! One dilemma is that we have one clerk who handles landlord/tenant disputes. We are in Belknap County / Laconia District Court. I did go to the Landlord Association in Laconia and they said the same thing. I'll do some research as to who I can contact regarding this issue but the clerk told me that if she put in the writ - the judge would throw it out... so I'm not going to spent the $ and then have the judge throw it out.... I don't know how I can do anything about it.. --65.175.xxx.xx

Eviction (by Lisa - MA/NH Border [NH]) Posted on: May 22, 2009 7:09 PM

Have not had that problem down in Plaistow. And it is totally BULL. The law does not state that the rent needs to be a month late. Bet an attorney wouldn't get the same run-around! --141.157.xxx.xxx

Eviction (by nhsailmaker [NH]) Posted on: May 23, 2009 4:18 AM

Clerk does not go to Judge for the writ..... it is simple paperwork to take to Sheriff to schedule a court date. Go back again with a total printout of the law and demand the writ. Did you use the latest form for Demand & Eviction?

Demand a refund from your landlord association and ask for the name of the associations legal adviser. --75.68.xxx.xxx

Eviction (by Cheryl [NH]) Posted on: May 23, 2009 6:10 AM

I did contact a lawyer and was told that I am right. They also told me the same thing - the clerk is not supposed to give legal advice. I am going to contact another person at the Landlord's Association - she may have better info. --65.175.xxx.xx

Eviction (by nhsailmaker [NH]) Posted on: May 25, 2009 2:18 PM

If you have done an eviction before take that paper work to the clerk and show the clerk that their policy is WRONG!!!! --75.68.xxx.xxx

Subject: RE: Eviction
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