Accepting money after Eviction Notice, NH

[Bill Graham]

I collect weekly for my low income tenants. Most of them seem to appreciate it. I have one who has been with me a long time now. Always a little late, always gets caught up. That is until the roommate moved out. This tenant asked me for a 1 bedroom I had available, to make it easier on her. I agreed.
In May she got behind approx. 3 weeks rent. I served her eviction papers. She called to tell me she had gone to the city welfare office, and they were going to pay me the arearage. Needless to say they have not. She did however pay 2 weeks rent in the mean time. She is still behind by 3 weeks rent.
Today is the day we agreed on as a "drop dead date". Today she says she'll have some rent money on Friday.
My question is.... since I have taken rent money from her, did I establish a new tenancy? or, can I move forward and file for an LT Writ? or, Do I have to serve her another Demand for rent & Eviction Notice?
Thanks

[Tom Goans]

Extremely great question. And a very important one as well since it has legal implications.

Read your lease agreement. A properly designed contract for collecting money should contain a paragraph regarding this exact subject.

With that in mind and to more directly answer your question, usually you have not created a new lease or extended the present one when accepting delinquent payments. The verbiage in the contract generally states it is YOUR decision alone if it does renew or extend the present lease.

The verbiage that I am referring to that a contract should contain states that accepting delinquent money after a payment becomes delinquent does not automatically create a new agreement, extend the present one, and is not considered a new set of terms. This is critical verbiage in a contract.