by Bruce L. Dorner
My landlord just told me I have to be out of the apartment by the end of the month! I don’t have a place to live! Do I have to move out?
This is a very common question. New Hampshire has very strict laws dealing with residential landlords and tenants. The primary statute is RSA Chapter 540. It sets out in detail what landlords can, and cannot do, to evict a tenant.
Let’s start at the beginning. Most landlords and most tenants get along fine. When the rent is late or loud parties continue, landlords get upset. When the landlord fails to provide heat or other services, tenants get upset. The law establishes the steps to be used by either party to end the relationship.
In general terms, whether or not there is a written lease, rent is due on a regular basis. Most often, rent is paid on a monthly basis. Assuming the rent is due on the first day of the month, that’s the day it should be delivered to the landlord. Some landlords provide a grace period of a few days to allow for weekends and mail delays. Such grace periods, if any, would be stated in a written lease. Assuming that the tenant did not pay the rent on time, what can a landlord do?
The eviction process for failure to pay rent starts with the landlord, or his attorney, preparing two documents. The first one is called a Demand for Rent. It specifies the amount owed and the date by which it must be paid. The law gives the tenant not less than seven days from delivery of the Demand for Rent to pay all the back due rent plus $15.00, which is called liquidated damages (RSA 540:9). If the tenant makes the payment, the eviction process stops, unless the tenant has been served with a Demand for Rent more than three times in a 12-month period.
The second document is called a Notice to Quit. It specifies that if the rent is not paid within the time set in the Demand for Rent, the tenant is required to vacate (move out) of the apartment by a date written in the Notice to Quit. Gee, isn’t it a little harsh to require a tenant to be out of the apartment in about a week? Yes, so the law requires further steps to ensure that the rights of the tenant are protected.
Assuming the rent was not paid, the landlord needs to prepare (or have an attorney prepare) a Landlord-Tenant Writ of Summons. This is a court issued form that must be completed in detail and delivered (served) to the tenant by the sheriff’s department. The Writ of Summons sets a date by which the tenant must notify the court if they wish to have their case heard by a judge. The hearing (trial) must be held within 14 days of the return date (the date by which the Writ of Summons must be filed with the court showing that the tenant has been served).
If the tenant fails to request a hearing, the landlord may ask the judge to grant a default judgment (no one asked for a hearing and no one objected), giving the landlord the right to possession of the premises. Assuming that all of the paperwork is properly completed and submitted (and it is very technical), the judge will usually grant the request.
However, if the tenant (or tenant’s attorney) requested a hearing by sending to the court a form called an Appearance, the judge will hold a hearing to listen to the story told by each party and consider it carefully in accordance with the applicable law. As an example, let’s assume that in March the parties signed a one-year written lease for an apartment at $600 per month. On May 5th the landlord stopped by and told the tenant that the rent is going up to $650 on June first. When June arrived, the tenant did not pay the increase and thinks it is unfair. The landlord thinks the increase is fair and wants the money. When this case is presented to the court, the judge will look at the lease, the Demand for Rent, the Notice to Quit, the Writ of Summons, and a series of supporting documents. Since the lease set the rent for the year starting in March, the landlord has no right to increase the rent (absent other terms of the lease). Therefore, the court would not evict the tenant.
The example above is drawn in very broad terms. There are many reasons other than nonpayment of rent by which a landlord may ask the court to evict a tenant. There are also a number of reasons specified in law that a tenant may break a lease and move out. These topics and a number of exceptions to the general rules are not addressed in this article. Both landlords and tenants are urged to see their own attorneys for a complete review of all the facts and circumstances surrounding any disagreement. Failure to carefully follow all of the statutes, rules and procedures is likely to result in the case being dismissed by the court.
This article provides general information only. It is not legal advice. You should consult with your own attorney before making any legal decision.