New Hamhipre Eviction Completely Dismissed

[Steve Y.]

Hi everyone,

I had my first eviction case experience and it was quickly dismissed in favor of the tenant.  My property manager did everything by the book. The tenant was on a month-to-month lease and we gave her more than 30 days notice to quit.  Then she stopped paying rent so we served her to the seven day notice to pay rent or quit. Then an eviction notice for nonpayment served by the sheriff which led to a court hearing today. I gave my property manager the power of attorney to represent me as I was away on travel and after this was done, she called me and said the judge completely dismissed the case.  She said the judge completey sided with the tenant and allowed the tenant speak her case as the tenant said all things were wrong with unit, nothing was being fixed, and her issues weren't being address which was completely not true. When it came to my property manager's turn to speak, she was cutoff and would not let her speak completely.  The case was for both the nonpayment and notice to quit but the judge didn't want to hear the notice to quit case and only wanted to deal with the nonpayment eviction.  The tenant is threatening to not pay rent until we fix more issues. She said she's call the board of health as well.  She's playing the system and I'm beyond upset. I'm unsure what to do next. Could I appeal the dismisal? Do I have to file another eviction notice?  Could I court serve the 30 day notice to quit action? Do I need to hire a lawyer? If so, any recommendations?  Has anyone been in this situation? Help!

Thanks so much, -Steve

[Troy Zsofka]

@Steve Y. - 

I am not an attorney, so do not take action based on my comments (seek your own legal counsel).

However, I have had several evictions over the years of owning and managing rentals in NH, and things have changed slightly over that time.

If the judge issued a judgement in the tenant's favor, there should have been some indication on it as to the reason. In NH, evictions for non-payment generally depend on whether or not the paperwork was filed correctly, and a judge only has the authority to issue something called a discretionary stay; whereby the tenant can stay for a certain period of time but must make weekly rent payments. If the tenant did not dispute that rent was not paid on time, and did not put rent in escrow pending completion of repairs, the case should not have been dismissed unless your paperwork was not in order. You say that your property manager did everything by the book. Is this because the property manager says so, or because you know for a fact that it was done correctly? Any misstep in the process, regardless of the tenant's actions, automatically results in dismissal. Based on the terminology you used, I'm concerned that your property manager is not aware of the current process. It is absolutely imperative in eviction filings that all of the i's be dotted and t's be crossed. For example, the 7 days may not include the date of service, nor the date court filing. If enough days are not provided in the notice, the case will be automatically dismissed. There are other examples as well.

Starting I believe this year, the Demand for Rent and Eviction Notice changed. The new format is required to be used. It is actually clearer language than the prior format.

I think it makes the most sense to have an attorney do the first one for you. I personally do not utilize legal counsel for eviction filings, but I am well-versed in the process and have never lost one. For the first one, it is worth the added expense to get a proper education. Better to pay an attorney for the education than to pay much more to the school of hard knocks and a professional tenant.

Unless something has changed, you have the option to file in the court jurisdiction where the property is located, OR in the jurisdiction where the landlord is located. So, theoretically, you could try again in the alternate jurisdiction (unless both are the same). However, if there is record of the first attempt, it may not please the court that you are trying a different jurisdiction in an effort to circumvent. Ask the attorney about this.

Good luck, and please post the outcome here so we can all be relieved when you get it done, and also perhaps learn something from your experience.

Again, disclaimer:

The above is not legal advice and you should seek the advice of a local attorney. The information provided is merely the opinion of a non-attorney and should not be relied upon to make any decisions.

Happy investing,

Troy