Re: storage of personal property left behind

Re: storage of personal property left behind by NH & MA LL on November 20, 2009 @18:46

To regain possession in NH the sheriff must serve the writ of posession and then come back with the LL to lock out the tenant and post notice. Then and only then the time begins to run on the 28 days. I am a member of the bar in NH and MA

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Re: storage of personal property left behind by OK-LL on November 20, 2009 @23:15	[ Reply ]
So the tenant's notice of voluntary move-out has no legal effect? I doubt that very much.

Re: storage of personal property left behind by MA & NH LL on November 21, 2009 @11:45

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The notice had an effect to the benefit of the tenant. That is why the writ of possession was delayed, it did have an effect. If it was a simple default the writ of possession would have issued 3 days after the return date. The state of NH imposes a $1000 per day fine on LL for not precisesly following the law. That is the big danger to a LL who tries to do this without correct legal advise. Your bad advise could cost this LL $$$$. A LL in Laconia was fined $36,000.00 for failure to follow the law when a tenant was in jail and not paying rent.

Re: storage of personal property left behind by OK-LL on November 21, 2009 @19:51

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I don't understand - the tenant wrote a letter to the court announcing that he had vacated the unit -- why would the tenant still have to obtain a writ of possession? Did the judge not believe the tenant? This doesn't make sense. If the offending party voluntarily vacates the rental, announces it to the court and the judge accepts the statement as true, the case for possession is moot, or at least a default.

Re: storage of personal property left behind