Eviction Law in Manchester, NH

What Is an Eviction?

An eviction is the forceful exiting of tenants following an issued notice by the property owner or landlord. Evictions usually come as a result of failure to pay rent, or from violations of the lease agreement. However, evicting a problem tenant can be a long and costly experience as landlord-tenant laws favor tenants. Getting a better understanding of how Manchester, New Hampshire eviction law can help.

An eviction notice doesn’t always lead to an eviction; in many cases, it serves as a final warning to the tenant. If they catch up on rent or start adhering to the lease terms, eviction can often be avoided.

When Can Landlords Send a Termination Notice?

The Tenant Doesn’t Pay Rent

If a delinquent Manchester, NH tenant frequently pays rent late or has not paid rent at all, there is a good reason for eviction. Some states do have a grace period for an occasional late payment. However, if a tenant makes a habit of always paying late, that grace period does not apply and the property owner can provide an eviction notice.

New Hampshire Rental Laws do not designate a grace period for renters in Manchester who are late in paying rent. If rent is due on the 1st of the month and goes unpaid, the landlord can begin eviction processes on the 2nd.

You should always provide your tenant with “late rent” notices and keep a copy for yourself in your files. That way, if the eviction case goes to court, you have paper evidence of their failure to pay rent on time.

The Tenant Violates the Terms or Conditions of the Lease Agreement

A lease agreement is a binding contract, and any violation by the tenant, like allowing unauthorized occupants, may be grounds for eviction. Similarly, Manchester landlords are also held to the terms, including obligations for repairs and maintenance.

The Tenant Damages the Property

Some wear and tear is normal, but there’s a line between expected damage and intentional property destruction. If a tenant is causing significant damage, such as breaking windows or walls, eviction may be justified.

Minor repairs made by a tenant that doesn’t alter the property are usually not grounds for eviction. However, landlords should monitor any changes to ensure they align with the lease terms.

The Tenant Uses the Property for Illegal Purposes

If your tenant is using your Manchester property for illegal purposes, such as selling drugs or weapons, this can be clear grounds for eviction. Reporting the issue might also bring criminal charges against the tenant.

However, you should prepare to provide evidence that the tenant is using the property for illegal purposes. If law enforcement came to the property to address these issues at any time, these reports could prove helpful.

How to Evict a Tenant in Manchester, New Hampshire

If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.

Step 1. Check Your Local Laws

Eviction laws are different in each state and can also vary at the city level. Therefore, it’s important to familiarize yourself with local laws before taking any action. Always ensure you have a legally valid reason for eviction before giving notice. A qualified Manchester, NH attorney can help review your case to determine if you do.

Legal Aid New Hampshire provides an overview of tenants’ rights in Manchester. Tenants have the right to a living space that has safe wiring, walls, and a roof that doesn’t leak and is free from vermin. The living space must also be free from health hazards such as mold or lead paint. In addition, a tenant can lawfully withhold rent in Manchester if they have given the landlord a written notice for repairs and the landlord has taken more than 14 days with no corrective action. The tenant must also not be responsible for the damage, and no outside events have kept the repairs from being made.

Step 2. Give a Formal Notice of Eviction

If you’ve already attempted to resolve the issue with your tenants and they continue to violate the lease terms, it’s time to issue a formal eviction notice. This notice acts as a final warning, outlining the specific violations and what actions the tenant must take to avoid eviction.

Be sure to include a clear deadline in the notice, stating when the tenant must either pay the overdue rent or vacate the property, along with the amount owed. If you’re unsure how to properly draft the notice, consider using an online template or consulting with a legal professional for guidance.

The New Hampshire Department of Justice affirms that tenants in Manchester can only be evicted by a court order. Landlords cannot “self-evict”. If the court sides with the landlord once he or she has given written notice, the court-ordered eviction will be processed and delivered by the Hillsborough County Sheriff’s Office. Generally, both the sheriff and the landlord will be present, but the sheriff is the only one who can remove a tenant’s belongings.

Step 3. File the Eviction with the Court

You must file the eviction notice with the court within a few days. The court will then set a hearing date and will notify the tenant of the hearing by a summons. Landlord/Tenant disputes are generally under the purview of the Hillsborough County Court District Division.

Step 4. Contact an Experienced Manchester, New Hampshire Eviction Attorney and Prepare for the Hearing

You should find an attorney as soon as possible to help you prepare for the hearing. Then, when you go to the hearing, you should bring the following documents:

Lease agreements
Records of payments
Bounced checks
Record of communication between you and the tenant
Record of the eviction notice
Proof that the tenant received the notice

Step 5. Evict the Tenant

If you’ve won the hearing, your tenant will have time to move out of your property. The amount of time allowed is dependent on the state, but it typically ranges from 48 hours to one week. If the tenant refuses to leave, you can contact Manchester, NH law enforcement to forcibly remove them from the property.

Step 6. Collect Past-Due Rent Payments

If your tenant owes you rent money, you may still have a long fight ahead to collect past-due payments. You can try to collect these payments through several methods:

Hiring a private debt collector
Garnishing their tax refunds
Garnishing their wages
Taking the case to small claims court

Work With an Experienced Eviction Attorney in Manchester, New Hampshire

The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified Manchester attorney on your side can take the pressure off your back, and help ensure a victory in court. We can even help you connect with an attorney across New Hampshire state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.

Answers to legal questions can often lead to more questions. If you’re seeking more about an area of law in Manchester, NH , we’ve got you covered.