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 is owed, then your case can be dismissed.
It is also important you understand how much notice you have to provide for each eviction. While these notices are contained in the statute, RSA 540, it is important to generally understand how much time you need to put on the eviction notice. For example, a non-payment of rent eviction requires 7 days, but a material lease violation requires a 30 day notice.
Understanding the law and preparing in advance can save you a lot of time and hassle when looking to evict a tenant. Likewise, if you are a tenant facing eviction, you may not understand all the defenses that are available to you.
When you are dealing with your property, or your rental home, having an experienced attorney well versed in landlord/tenant law can help make the difference between winning or losing your eviction case. If you are being forced to evict a tenant, or facing an eviction yourself, contact the experienced attorneys at Parnell, Michels & McKay to help.