Re: storage of personal property left behind

Re: storage of personal property left behind by OK-LL on November 20, 2009 @23:15

So the tenant's notice of voluntary move-out has no legal effect? I doubt that very much.

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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 by OK-LL on November 21, 2009 @19:53

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Sorry, meant "why would the LL still have to obtain writ of possession". The letter was the tenant's expresssion of intent and action to return possession to LL and LL could reaonsonably rely on that expression. There's no explaining why the judge didn't grant immediate default judgment when presented with tenant's statement, except that judge may have felt the case was moot at that point and expected the LL to voluntarily dismiss the FED and go directly for damages.

Re: storage of personal property left behind