(The process described below is based off the New Hampshire Eviction process, it may vary in other locations)
The eviction process may seem stressful when you are first starting as a landlord but as long as you follow the process, it is not that complicated. It may take longer then you would like
1. Reasons for Eviction: As a landlord, you may seek to evict a tenant for several reasons, including but not limited to:
Non-Payment of Rent: Failure to pay rent by the due date.
Violation of Lease Terms: Breaching other lease terms or conditions.
Property Damage: Causing significant damage to the rental property.
Illegal Activity: Engaging in illegal activities on the premises.
No Lease or Expired Lease: When a lease expires, and the tenant does not vacate.
2. Notice Requirements- Before an eviction process can begin, landlords must provide proper notice to tenants.
Non-Payment of Rent: You must serve a demand for rent also called a "7-Day Notice to Quit."
TIP: You can serve the eviction notice at the same time as the demand allowing you to file (see below) 7 days sooner than if you waited until the demand expired.
Violation of Lease Terms: For violations other than non-payment, landlords must provide a "30-Day Notice to Quit" if the violation is not remedied within that period.
Termination Without Cause: If a tenant is on a month-to-month lease and the landlord wishes to terminate the tenancy without cause, a "30-Day Notice to Quit" is required.
3. Filing for Eviction
If the tenant does not comply with the notice and vacate the property by the specified date, the landlord can file an eviction action (also known as an “unlawful detainer” action) in the local district court. This involves:
Filing a Complaint: The landlord must file a complaint with the court detailing the reason for the eviction.
Summons and Complaint: The court will issue a summons, which must be served to the tenant along with a copy of the complaint. This informs the tenant of the court date and the nature of the eviction.
This is done by the county Sheriff's Office so you will have to bring a copy of the Sheriff's office and pay for them to serve your tenant.
4. Court Hearing
A court hearing will be scheduled, typically within a few weeks of filing the complaint. This is if the tenant has still not complied with the eviction notice. During the hearing:
Presentation of Evidence: Both parties will have the opportunity to present their evidence and arguments.
Tenant’s Defense: The tenant may present defenses or counterclaims, such as disputes over the rent amount or claims of improper notice.
5. Judgment and Writ of Possession
If the court rules in favor of the landlord, a judgment for possession will be issued. The court may also issue a "Writ of Possession," which is a legal document that authorizes the sheriff to remove the tenant from the property if they do not vacate voluntarily.
The judge, at their discretion, can grant the tenant up to an additional 90 days to vacate the premises. This is where we were mentioned it could be a long process.
6. Execution of Writ of Possession
If the tenant does not leave by the date specified in the writ:
Removal: The sheriff will execute the writ and oversee the removal of the tenant and their belongings from the property.
Once again you must bring the writ of possession to the county Sheriff's Office to have them serve the tenant. Depending on how quickly the sheriff's office moves, this can take 1-3 weeks.
7. Handling Tenant’s Property
New Hampshire law requires landlords to handle abandoned property according to specific procedures. Landlords must store the tenant’s belongings for 7 days before disposing of the items. In that time period the tenant can contact the landlord and schedule a time to come and pick up their items.
Additional Considerations
Legal Advice: If you are unfamiliar or concerns, we advise you to consult with an attorney who handles tenant evictions.
Local Ordinances: Some municipalities may have additional regulations or protections for tenants, so it is essential to be aware of any local rules that may impact the eviction process.
Conclusion
Evicting a tenant involves a series of legal steps and if you understand these steps and follow them accordingly, you will be able to avoid common pitfalls and obtain your property back legally.
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