Often
clients, especially tenants, are confused by the eviction process. The first
step in any eviction is to serve a “Notice to Quit” or Eviction Notice. The Eviction
Notice spells out the basis for the eviction, and specifies the time period the
tenant has to leave. If the eviction is based on failure to pay rent, a Demand
for Rent should accompany the Notice to Quit. Both the Notice to Quit and
Demand for Rent forms are available online at the NH State
website.
If
you are a landlord and are not sure what you should put on the form, and what
you should be evicting your tenant for, you should contact an attorney to help
you. Our firm
handles Landlord and Tenant matters, and would be happy to assist.
If
you are a tenant, the Eviction Notice does not mean you have to leave
immediately. Once date you are asked to leave by your landlord passes, your
landlord still has to file a Landlord/Tenant Writ in the local district court
where you live. It is this filing that starts the Court action. If a
Landlord/Tenant writ is filed against you, you should contact an attorney to
help you.
After
the Landlord/Tenant writ is filed, and the Tenant files an Appearance in the Court
action, the Court will schedule a hearing on the merits. It is at this hearing
that the Court will decide whether the landlord or the tenant has the right to
use and occupy the premises. If the landlord wins, the Court will issue a Writ
of Possession that gives the Landlord the right to use and occupy the premises.
This Writ of Possession must be served by a local county sheriff, and once
served, the Sheriff will physically remove the tenant from the property. The
hope is that the process does not go this far, but often it becomes necessary.
Landlord
Tenant law is wrought with minefields that, if a landlord isn’t careful, can
create substantial liability to the tenant. It is strongly encouraged that if
you need help with an eviction, or even just a better understanding of the
process, that you meet with an experienced lawyer at Parnell, Michels & McKay
that can help guide you through the process. If you find yourself in need of
assistance, contact
our office.
