Real Estate

  • Are You Handling Security Deposits Correctly?

    ByParnell, Michels & McKay Law Offices Hours

    Parnell, Michels & McKay regularly handles landlord/tenant matters in New Hampshire. We often find that a lot of tenants are completely unaware of many of the basic rules that apply to them as renters of real estate. One of the biggest confusions we see is the law as it relates to security deposits. Often, a landlord decides to keep a security deposit unjustifiably, fails to follow the statutory procedure, and ends up unlawfully taking the security deposit of a tenant. RSA 540-A:7 governs the return of security deposits to tenants. Generally, the security deposit must be returned within thirty (30) days from the termination of the tenancy. However, some landlords just decide to keep it and “dare” the tenants to do something about it. This…

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    What is a Partition and How Do I Know if I Have Equity?

    ByParnell, Michels & McKay Law Offices Hours

    Imagine the following situation: a couple gets engaged, but before the wedding, decides to buy a house to live in together, planning to live in the house before the marriage and after. Things go well for a time, but then the relationship falls apart and the engagement is off. Now the couple is left with the issue of what happens with the house. The answer lies with a petition to partition. At the outset, it is important to remember that if the marriage had gone through and the couples were divorcing instead of breaking off an engagement, the fate of the house would be decided by the Family Court in the divorce. Second, it is important to remember that any mortgages or other liens against…

  • Tips for Homebuyers – Disclosures, Inspections, Environmental Hazards, and More

    ByParnell, Michels & McKay Law Offices Hours

    The home-buying process can be daunting, and in New Hampshire parties are free to contract terms beyond just the traditional purchase and sales agreement. This means that sellers may not always disclose all the problems with a property. The sellers only need to disclose those items indicated on the seller disclosure form. Buyers in these states must ask more questions and take more responsibility to learn about every possible defect with the property, obtain the seller disclosure form from the seller, follow up on red flags, investigate, and obtain a home inspection. A home inspection can help insure you are making a good choice. The seller is legally obligated to answer questions honestly, but could easily leave out important information if not asked specifically about…

  • What is a Shared Facility (or 540-B) Eviction, and How Does it Affect My Rights?

    ByParnell, Michels & McKay Law Offices Hours

    Evictions in New Hampshire are governed by three major statutes: RSA 540, N.H. RSA 540-A or N.H. RSA 540-B. RSA 540 governs evictions where the tenant rents from a landlord their own individual space. While RSA 540 evictions are much more common, what are the situations where a 540-B eviction may be appropriate for you? RSA 540-B governs rental of “shared facility”. A shared facility is a rental facility where tenants have separate sleeping areas, but share common facilities with the property owner, such as kitchens, washing areas, and/or dining rooms. The most common examples of shared facilities are single family homes. It is not terribly common for landlords to rent a room out of their single-family house, but it does occur. Such a rental…

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    Common Mistakes in Evictions

    ByParnell, Michels & McKay Law Offices Hours

    If you are a landlord and have a tenant you are being forced to evict, there are a lot of ways to make mistakes that can lead to the tenant staying longer than you want. Having an attorney that understands the law and can prepare you can avoid many of these mistakes. In failure to pay rent cases, one of the most common mistakes is including more than just rent on the Demand for Rent. Sometimes, landlords add late fees, interest or penalties to the rental amount. Doing this can be fatal to your eviction case, as only rent should be included on a demand for rent. Moreover, accounting the correct rent is just as important. If your demand for rent is more than what…

  • What Estate Planning Documents Do I Need?

    ByParnell, Michels & McKay Law Offices Hours

    Although it can sometimes be difficult to think about our own mortality, it is important to have an estate plan to be sure your last wishes are respected. An experienced estate planning attorney can assist you with this process. Some essential estate planning documents you will need include: Last Will and Testament. Your Last Will and Testament details to whom and how you would like your property distributed after your death, including any real estate or business interests. A Last Will and Testament also allows you to determine who will care for your minor children and who should manage their inheritance until they reach an age to be determined by you. Durable Power of Attorney for Health Care. The Durable Power of Attorney for Health…

  • Property Law: Adverse Possession

    ByParnell, Michels & McKay Law Offices Hours

    At Parnell, Michels & McKay, we handle property litigation cases. One such type of litigation are claims made through adverse possession. It is one of the oldest forms of law in property, and involves the taking of title to property without having to execute a written deed. It most commonly arises in boundary line disputes, and can involve something as innocuous as the misplacement of a fence by a friendly neighbor. However, the effects this doctrine can have on people’s property can be immense, so it is important to try to understand the concept of adverse possession and to seek legal advice as soon as possible. Basically, the initial test is whether the person claiming adverse possession has acted as the true and lawful owner…

  • Gen Z Entering The Housing Market

    ByParnell, Michels & McKay Law Offices Hours

    Boomers are downsizing. Gen Xers are paying the kids’ college tuition. Millennials are a force to be reckoned with. But a new generation is entering the housing market with gusto: Gen Z. Gen Zers were born between 1997 and 2015. The oldest are turning 24 this year. That may seem young to buy a home, but Gen Zers are jumping in with both feet. Many millennials are happy renting, but most Gen Zers say they want to own. It’s been estimated that the number of Gen-Z mortgage applications have increased 57% from January to March 2021, which is up from 124% compared to March 2020. Top Five Cities Where Gen Zers Are Buying The top five cities for Gen Z (25 and under) purchasers between…

  • Can an Attorney Help When a Real Estate Deal Goes Bad?

    ByParnell, Michels & McKay Law Offices Hours

    When it comes to real estate, the law offices of Parnell, Michels & McKay understands the art of the deal and the art of a deal gone wrong. When facing the stress of real estate litigation, retaining an attorney with substantial knowledge about New Hampshire property laws and civil litigation can lighten the burden. Some of the most common real estate disputes involve: Sadly, it’s not uncommon for property deals to fall apart through the fault of no one involved–but if the buyer has actually breached the purchase agreement, the seller might have legal remedies. So, what happens when the sale of a property doesn’t work out? In some cases, you as a seller can take legal action if a buyer refuses to complete a…

  • Evictions During The COVID-19 State of Emergency

    ByParnell, Michels & McKay Law Offices Hours

    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…