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New Hampshire Landlord - Tenant Questions & Answers
1 Answer | Asked in Civil Rights and Landlord - Tenant for New Hampshire on
Q: Can the clerk issue a writ of possession for a landlord who was only granted Recovery of Rent?

The Supreme Court only allowed rent recovery and the eviction still pending. I don’t know if the clerk should get the Writ signed by the judge or not.

James L. Arrasmith
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answered on Mar 2, 2024

Based on the limited details provided, it does not seem appropriate for the clerk to issue a writ of possession if the court only granted a judgment for recovery of rent and the eviction case is still pending.

Typically, a writ of possession is an order directed to the sheriff to remove...
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1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: We lost an eviction hearing and were given a 90 day discretionary stay. During the discretionary stay order the neighbor

Kids tested positive for high levels of lead. We have made all payments for the stay and the landlord had granted us stay in the apt since we have been on time with the rent payments. However now the property needs to be lead abated and us relocated. He's telling us he's going to take it... View More

James L. Arrasmith
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answered on Oct 23, 2023

In New Hampshire, landlords have an obligation to provide habitable premises, and the presence of high lead levels could violate this. If the property needs lead abatement and you must be relocated, the landlord's duty to provide habitable housing remains, regardless of your eviction status.... View More

1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: Am I responsible to pay for landlord hired cleaner to clean stain in driveway after I already hired someone who tried 3

My car was leaking power steering fluid on driveway. I had car fixed and hired someone to clean stain off driveway. The cleaners came 3 times to try and on 3rd time said they couldn't get stain up and that if they continued to try it would destroy the hot top. The landlord now wants to hire so... View More

John Michael Frick
John Michael Frick
answered on Mar 23, 2023

If it can’t be done, it can’t be done.

Tell the landlord you’re sorry, you’ll pay to replace the driveway, but you’re not going to pay for yet another attempt to clean the stain created by your car.

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for New Hampshire on
Q: Is it legal in NH to record a verbally abusive neighbor from an apartment hallway without their knowledge.

My upstairs neighbor is extremely verbally abusive and has physically threatened her kids and me. I want to make it clear to the property management company how bad it is and want to record her from the hallway. NH is a two party consent state but the law seems to be written around direct... View More

Leonard D. Harden
Leonard D. Harden
answered on Jun 5, 2021

NH is a consent recording state, but if the person is yelling so loudly that it can be heard in a public place then I would agree they have no expectation of privacy. It seems like you could record from your own apartment or the hallway, do not amplify or use any device to enhance the sound.

1 Answer | Asked in Traffic Tickets, Car Accidents and Landlord - Tenant for New Hampshire on
Q: Id like to know the laws about towing in new Hampshire. If they are supposed to release the vehicle if I'm there.

After work I visit my boyfriend at his apartment complex. My boyfriend owns the apartment and his HOA says nothing about not being able to have guests daily. I used the vistor parking. No stickers are required. I followed every rule. But I looked out the window and saw them trying to take my car. I... View More

Tim Akpinar
Tim Akpinar
answered on Mar 26, 2020

A New Hampshire attorney could advise best, but you await a response for three weeks. Unfortunately, if you hired legal representation, the costs would exceed your damages, with no guaranteed outcome. You could look into small claims court in your county. Good luck

Tim Akpinar

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for New Hampshire on
Q: Can I buy a private forest and build a castle?

Hello.

I'm interested in the question:

If I want to buy a private forest in the United States and build a castle in this forest. What are the limitations?

For example, what laws speak of private forests. If I breed animals in my forests, will these animals be my... View More

Tim Akpinar
Tim Akpinar
answered on Aug 26, 2019

This sounds like a matter that's better suited for sitting down with your architect and attorney to discuss in detail, rather than it is for quick answers on a question and answer board because it's possible you would need to consider environmental, sanitation, conservation, wildlife, and... View More

2 Answers | Asked in Bankruptcy and Landlord - Tenant for New Hampshire on
Q: How do I file for a Motion for a Relief from Stay in NH? Tenant filed for Chapter 7 before signing his lease.

We are trying to evict a tenant for non-payment of rent, but understand we cannot file for a Writ until we file a Motion for Relief from Stay even though he filed for bankruptcy before signing our lease. Is this correct, and where/how can we file for this motion?

Robert O'Brien
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answered on Mar 17, 2019

Unless you as the landlord secured a writ of possession from the state court prior to the filing of the tenant's bankruptcy petition, you will be required to file a motion for an order for relief from the automatic stay from the bankruptcy court. From the date of the filing of the motion, it... View More

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1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: My landlord is expecting me to pay his electricity an if I choose not to he's raising my rent up each month.
Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Jan 10, 2019

Look at the rental agreement or lease you signed, read what it states about paying for utilities and follow the written document that you have. I don't understand why you would be paying for his electricity so I cant figure out what the agreement-if any-you have with the landlord.

1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: If I have a specific eviction date is there a way for me to make payments on the past due amount and have it be legal

Eviction date is 12-31-18. Im waiting to see if I can get state and/or a church's assistance.

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Dec 12, 2018

You can always ask the landlord to extend. If the eviction is not court ordered then they must evict you through the courts, which will take about 14-30 days to get the hearing date, the court may also allow you to pay the amount due plus costs and void the eviction.

1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: i rented out a room in my single family home. Owner Occupied house. the renter was here for 30.days and moved out withou

notice. can security deposit be applied to next month rent as no notice was given. monthly rental

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Nov 5, 2018

Was there anything in writing evidencing that it was a month to month rental? Be very careful with security deposits, the courts do not like it when they are not given back, and not giving it back can result in attorney fees and damages against you for not doing so without proper legal grounds.

1 Answer | Asked in Civil Rights, Contracts, Real Estate Law and Landlord - Tenant for New Hampshire on
Q: My son who is disabled had a verbal lease month to month with his girlfriend. In the process an aquatance established .

Residency and wont leave. Can the landlord hold me or my son responsible for this person who wont leave?

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Nov 5, 2018

If in fact, as you state, she has a month to month tenancy, then you have to give her 30 days notice to quit the apartment. These cases are tricky, if she won't leave, you should hire an landlord tenant attorney. attorney Brian Shaughnessy is the attorney I use to evict my own tenants. He is... View More

1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: Does my previous landlady have 30 days to return security deposit from when I returned keys, or end of my 30 day notice?

I gave notice that I would move out by March 10th, but returned the keys to the landlady on February 25th. She acknowledged receipt of the keys, but has not returned my security deposit not a list of repairs that will prevent it from being returned. She has also been minimally responsive when I... View More

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Apr 4, 2018

The date you left the premises if after the end of the lease or rental period, not before, unless by agreement of the parties. Read the Lease to see what it states.

1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: My landlord entered my apt without permission not for any emergency twice is the lease still valid? Can I leave?
Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Dec 8, 2017

What are the reason(s) the landlord stated for having to go into your apartment? Check your Lease to see what the conditions are for him to do so, most leases contain a clause that they can enter in emergency situations. If it was not an emergency you should call the police and file a report,... View More

1 Answer | Asked in Education Law, Landlord - Tenant and Personal Injury for New Hampshire on
Q: Can I sue college for inhabitable dorm conditions?

My daughter is living in a college dorm and there is an intercom system in the building. Each room has a ceiling speaker that is very very loud. The speaker comes on every night and a scary clicking sound like a horror movie comes on. You also hear people talking in the background and sometimes... View More

Israel Piedra
Israel Piedra
answered on Mar 10, 2016

Yes, you most likely could. All lessees of real estate, including students in dorms, have a right to the quiet enjoyment of their residences.

Now, as a practical matter lawsuits are very expensive. It could easily cost $2,000 just to file such a lawsuit. If it went all the way to trial,...
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