landlord and tenant writ
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landlord and tenant writ (by Dee Paulinger [NH]) Nov 19, 2020 9:31 PM
       landlord and tenant writ (by Ray-N-Pa [PA]) Nov 20, 2020 12:06 PM
       landlord and tenant writ (by Mike45 [NV]) Nov 20, 2020 3:16 PM
       landlord and tenant writ (by Still Learning [NH]) Nov 20, 2020 6:29 PM

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landlord and tenant writ (by Dee Paulinger [NH]) Posted on: Nov 19, 2020 9:31 PM

State Specific Question About: NEW HAMPSHIRE (NH)

My tenant just scheduled a hearing on merits on landlord and tenant writ. Phone hearing on Dec 3 in NH. Question is Oct 1st he got 30 day notice to quit on his 30 day at will month to month verbal lease. Moveout date was Nov. 1st, Nov 3 I went to court and the sheriff served him papers giving him till tomorrow to respond. Well he responded and on Dec 3rd we have a phone hearing. I evicted for "no good cause" as after being notified from town that the apartment had no occupancy permit and I was unable to get a variance to have it converted to an since it is out of compliance with he town hall. The town is willing to work with me to to convert the single family into a multi family, with a special condition permit. However, the checklist for the application states I must be in compliance with all town ordinances...well not having an occupancy permit I believe qualifies, also it will be costly due to needing surveyor and/or engineering assistance with the drawings required. The tenant is a newhew and believes that since he is family he should be fine to stay....but I believe I have legitimate business and economical reasons to continue with the eviction. Any advice?

landlord and tenant writ (by Ray-N-Pa [PA]) Posted on: Nov 20, 2020 12:06 PM

It sounds like the town is concerned about health and safety and is using its zoning ordinance to make sure your place is safe. Where it is in your best financial interest to do nothing and just collect rent, the local government is pushing this issue.

So armed with that background, present this in cooperation with resident. Don't fight them, let the judge know that you want to keep these folks but its that evil government desire to uphold zoning requirement that is forcing them out of the house.....if you had your way you would still be collecting rent from these folks.

So by framing the case in this manner, is the judge going to say it okay for them to live in a place the town considers illegal? If they do, they take on the liability that goes along with it.

The only way this may backfire is if you did the illegal conversion of the ADU......and even then you can say you should have been grandfathered in.

landlord and tenant writ (by Mike45 [NV]) Posted on: Nov 20, 2020 3:16 PM

My first advice is not to use your real name on public forums. If that is your real name, your nephew can find this thread and read any advice you get. I do use my real name, but there are a lot of Mikes in Nevada, and I doubt any of my tenants can identify me.

Your nephew feels he should be allowed to stay. Tough. You have started the process, and there is no reason to stop or pause it. You need to get the unit vacant for compliance with local government regulations. Do it!

The fact that you need to do the eviction to comply with local gov't is not legally pertinent, but judges are people too (although many times it doesn't seem like it!) and they rule out of personal sympathies and prejudices and considerations of re-election -- so some judges are pro-tenant, and explaining that this eviction is needed to comply with local gov't will probably soften him towards you, the mean nasty landlord evicting her own nephew at Thanksgiving/ Christmas. Also, if you are in a small city/ town, the judge is a politician who knows your city gov't, so the fact that you are acting to comply with the city officials is a good thing.

landlord and tenant writ (by Still Learning [NH]) Posted on: Nov 20, 2020 6:29 PM

Was their a way to have your nephew move in with you while the conversion happened? Store his belongings and have him grab a short term rental during the conversion? The fact you are evicting your nephew makes me wonder if there is more going on here. I wouldn’t use your name as Mike said. Might want to consult and/or hire a lawyer since this is family, verbal lease, and it doesn’t sound like you know NH landlord/tenant law.

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