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  • Evictions During The COVID-19 State of Emergency

    The COVID-19 pandemic has created very difficult situations for many people. In the context of landlord/tenant relationships, it has created significant concerns among both landlords and tenants about what their rights are.Before the pandemic and emergency orders, evictions were conducted through the process outlined in RSA 540. While this process is still the law of New Hampshire, it has been modified significantly by Governor Sununu’s emergency orders. The first modification was Emergency Order #4 (found here: https://www.governor.nh.gov/sites/g/files/ehbemt336/files/documents/emergency-order-4.pdf). This provides that any attempt to begin or prosecute eviction actions would likely be deemed a violation of RSA 540-A, New Hampshire’s prohibited practices statute for landlord/tenant relationships. These violations could result in a fine of $1,000, attorney’s fees, and double or treble damages. This was designed to…

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    October 20-26, 2018 Is National Estate Planning Awareness Week

    Congress has designated the third week in October as National Estate Planning Awareness Week (October 20-26, 2018).It is estimated that at least 60% of Americans do not have an estate plan. Most people think that only older adults need to have an estate plan. However, it’s important for younger people to have a Will, especially if they have minor children. A proper estate plan will provide for a guardian for your minor children to ensure that they’ll be cared for by the people you want as guardians in the event of your death or incapacity. Yet, based on a recent AARP survey, 78% of people age 18-36 and 64% of people age 37-52 do not have a will.Without an estate plan such as a Will…

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    Probate Law in NH – An Overview

    This article discusses the basics of probate procedures in New Hampshire. We will try to provide a broad overview of the process of probating an estate. You also can get a good overview of the process from the court’s perspective by going to the court’s website, www.courts.nh.gov/our-courts/circuit-court/probate-division. You will find a lot of “how-to” materials including checklists, forms, and a handbook on administering estates. In fact, the court’s online information may be all one needs for handling small and uncomplicated estates. However, as stated in the handbook, the information available “is not a substitute for legal advice”. Accordingly, should you find yourself in the position as the executor or administer of even a small uncomplicated estate, you should give serious consideration to meeting with a…

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    The Case of The DNR Order Tattoo

    Most of us have heard the story about the unconscious patient brought to an emergency room in Florida with “Do Not Resuscitate” tattooed across his chest. The seventy-year-old man had chronic obstructive pulmonary disease, in addition to other ailments. Getting a tattoo to express one’s wishes to not receive cardiopulmonary resuscitation (CPR) may hold some attraction. After all, the patient’s wishes would seem to be clear and there is no need for your loved ones to rush to the hospital with your DNR request or health care proxy. But, in fact, it has the opposite effect. Emergency medical responders would be faced with a dilemma. If just the letters “D.N.R.” are tattooed, the responders may not immediately see the tattoo or they may not be…

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    Buyer Beware! (Of Ghosts?)

    The crunching of leaves, cold nights preceding comfortably cool days, October is the epitome of fall. Halloween is one of the most beloved holidays in this country, surely netting millions for the Nestlé Company and your local dentists. Halloween is known for emphasizing (and celebrating) the things that scare us. However, many places in this country attempt to make money all year-round in an attempt to monetize the bizarre, unknown, and frightening. What people often do not think about is the legal impact of such actions. In Stambovsky v. Ackley, 169 A.D.2d 254 (N.Y. App. Div. 1991), a New York Court was forced to decide that “as a matter of law, [a] house [was] haunted.” Yes, in a 1991 case riddled with ghostly-puns, a Court…

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    Landlord and Tenant Law: The Eviction Process

    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…