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Question About Foreclosure...

Business Law discussions

Question About Foreclosure...

Postby Tajo » Tue Apr 29, 2014 2:06 am

May any landlord evict a tenant for no cause? I'm having issues with my landlord. He shattered his 1 / 2 of the rental contract when he joined my house without informing my spouse or I. My partner and I where out-of-state and my landlord joined our house and called me on my cellphone after the very fact. I'm getting my landlord to Landlord and Tenant Judge and as a result of this problem he's attempting to evict us. He's called my attorney and informed my attorney he wishes us out. After calling my attorney, he called me and explained he is evicting us due to my spouse's impairment (something which the landlord had been conscious of before he hired to us).
Tajo
 
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Question About Eviction...

Postby Riobard » Fri May 02, 2014 3:55 am

"May any landlord evict a tenant for no cause?"You make reference to a "rent contract". If thatis a written rental for a specific period of time and also the termination is not like the following month, he might just evict you to get a break of the lease.Even in the event that you were on the every month spoken contract, he'd nevertheless need to have trigger when the home was thought as "limited" home within the NH landlord-tenant law. "Limited" home seems to explain a flat complex of 5 models or more.Itis likely advisable for one to completely browse the landlord-tenant laws. May answer lots of your concerns:http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LV-540.htmhttp://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LV-540-A.htm"I'm having issues with my landlord. He shattered his 1 / 2 of the rental contract when he joined my house without informing my spouse or I."Whether he smashed the rent or broke regulations depends upon why he joined the condo, that you have not said.My spouse and I where out-of-state and my landlord joined our house and called me on my cellphone following the fact.According towards the law 540-A:3 IV"No landlord shall willfully come into the areas of the tenant without previous permission, apart from to create crisis repairs." "I'm getting my landlord to Landlord and Tenant Judge and as a result of this matter he Is attempting to evict us. He's called my attorney and informed my attorney he wishes us out. After calling my attorney, he called me and explained he is evicting us due to my spouse's impairment (something which the landlord had been conscious of before he hired to us)."What would you mean by "attempting" to evict? Foreclosure appropriate notice and correct support of notice.If all heis doing is speaking, he then has not even remotely come near to evicting.
Riobard
 
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Question About Eviction...

Postby Harden » Fri May 09, 2014 11:58 pm

Our lease states that the landlord can't enter the apartment of the tenants without giving a 24 hour notice unless there is an emergency and all utilities are included.On 12/8/08, our landlord entered the apartment while my husband was in the hospital and I was at the hospital within.
Landlord says he called my husband's cellphone at 11:01am and my husband's cellphone says 11:25am with the number showing where the landlord called from.
He called me to let me know that he just went into our apartment to place airfresheners and unplug some of my appliances that we were not using.
He states that the tenant called him the following night to say he smelled something foul coming from the apartment.
However, no one had been home since my husband was admitted on 12/6/08 and the apartment was clean.
From the landlord's own mouth, he told my husband and I that when he entered into our apartment, he couldn't smell anything.On 12/10/08, I filed a 540:A against the landlord and that is when he started using intimadation like he would make sure he would cause hell for us and evict us.
We pay our rent on time every month except now...we are witholding rent because he told my lawyer that he wants us out because of my husband's disability which he knew about my husband when we sat down and signed the lease with him, gave him $1,300 in cash for 1st and security.
Harden
 
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Question About Eviction...

Postby Dentin » Thu May 15, 2014 11:17 am

A LL can choose not to renew a lease but must have cause for eviction. Not sure what the eviction is about but eviction over a protected disability could be a violation of the Fair Housing Act. The Fair Housing Act may or may not be applicable. Sounds like you have an attorney so I would follow their advice.
Dentin
 
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Question About Eviction...

Postby Nemesio » Sat May 17, 2014 11:32 pm

I think you went over the top filing a (540 whatever that is)because he was checking on an odor. Believe it or not.....people die, commit suicide, murder suicide etc...... and the LL must check it out. So now LL wants to evict yet still have not said what this disability is.....I can't fathom a LL evicting because a tenant is missing an arm or is paralysed. There must be something else going on. Could this disability be drug addiction, alcoholism, or some sort of mental illness that causes him to act irresponsibly i.e. start fires, expose himself to others etc????? If this is the case, the LL would be right to terminate the lease. Could be that when he entered, he discovered something that was not right and that is why you are angry he entered and why he is evicting.
You need to focus on the real problem and not on technicalities. For instance.....a Landlord see's smoke coming from an apartment and enteres to investigate. He discoveres the smoke was actually coming from another unit and not the one he intitailly entered but while he was there found that there were 3 dogs and 15 cats in a unit where no pets are allowed. Not only that, there is narcotics on the kitchen table.
The LL can evict for breach of lease and that fact will not change because the LL entered without proper notice. In my opinion....a foul odor such as rotting flesh is enough cause to investigate.
Nemesio
 
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Question About Eviction...

Postby albany90 » Tue May 20, 2014 12:47 am

"we are witholding rent"Withholding rent is what's going to get you evicted.Doesn't matter what the landlord is "telling" you.I'm not going to go back and read the statute for you, but I'm guessing that the statute doesn't give you any right to withhold rent for the reasons you describe.Beside's, if I recall my brief look at 540:A, it provides for the court (not you) to rule on appropriate remedies.You're giving the landlord exactly what he needs to evict you for cause: non-payment of rent.Frankly, given your explanation of why the landlord entered your apartment, I think you over-reacted and made a mountain out of a molehill.
albany90
 
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