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Bielagus Law Offices PLLC is a general practice law office with a focus on real estate and business matters. With attorneys licensed in New Hampshire and Massachusetts, Bielagus Law Offices PLLC provides legal advice and representation with regard to all aspects of real estate, business, and trust and estate matters.

Evictions

When a tenant fails to pay rent, or otherwise defaults under the lease agreement, the landlord must bring a Landlord-Tenant action in court to evict the tenant, in accordance with NHRS 540.

In this process, the landlord notifies the tenant of tenant's default, and demands the tenant pay rent. At the same time, or later, the landlord notifies the tenant of the eviction. The landlord must give the tenant at least seven days of notice. If the tenant is still in possession of the property, the landlord can bring an action for eviction.

The tenant is then served with the writ. If the tenant does not respond, the tenant is in default, and the court issues a writ of possession. If the tenant does respond, the court sets a hearing. If the landlord prevails at the hearing, the court issues a writ of possession.

Once the landlord receives the writ of possession, the landlord delivers the writ to the sheriff, who then executes the writ and removes the tenant from the property. At this point, the landlord changes the locks.

The landlord can only recover about $1,000 in missed rent. To recover more, the landlord must bring a separate action.

Throughout the eviction process, the landlord must be careful to comply with NHRS 540. If the landlord fails to comply with NHRS 540, it is possible the landlord could be liable to the tenant, for up to $1,000 per day, under NHRS 540-A and 358-A.

The attorneys with Bielagus Law Office PLLC have years of experience in eviction litigation.

Please do not hesitate to contact us with any questions. We can be reached at (603) 554-1612 or by email.
Bielagus Law Offices PLLC • 28 Jones Road, Suite 5 • Milford, New Hampshire 03055
Tel (603) 554-1612 • Fax (603) 218-6367
This website, and the information and material on it, are intended for advertising and informational purposes only, and it does not create an attorney-client relationship. This information is not a defense to any civil suit or criminal prosecution, and it in no way shifts any liability from the reader to Bielagus Law Offices PLLC; the reader is solely responsible for his or her actions. Please consult with an attorney before relying on this information.
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