Can I evict my boyfriend?

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Latest post 12-16-2009 9:55 AM by Drew. 3 replies.
  • 12-16-2009 8:34 AM

    • ANNIECW
      Consumer
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    • Joined on 12-16-2009
    • NH
    • Posts 1

    Can I evict my boyfriend?

    I have been living with my boyfriend for approx. 12 years in a house that I own located in New Hampshire.  I have asked my boyfriend to leave several times but he refuses.  How can I get my boyfriend out of my house? 

  • 12-16-2009 8:49 AM In reply to

    Re: Can I evict my boyfriend?

    Even though he is not paying rent, he is a tenant. You must folow state law to evict him.

    Effective January 1, 2007, the district court is required to provide forms for a Demand for Rent and Eviction Notice (formerly known as the Notice to Quit) in court locations and on the New Hampshire judicial branch website.  Although landlords are not required to use these forms, they are still required to use forms with language that complies with both RSA 540:3 and RSA 540:3-1.

    Forms: Eviction Notice 
       &nbs... Demand for Rent

    Cost of writ: $1.00

    Filing fee: $100.00.

    The writ must be purchased from the court, completed (except for the return date), filed with the court, and filing fee paid prior to service of process.

    The Demand for Rent (if applicable) and Eviction Notice must have been delivered to the tenant and must have expired prior to the landlord’s filing of the writ.

    The court may require an affidavit of ownership/tenancy.

    If the writ includes a claim for unpaid rent, a completed statement of the claim and affidavit of damages must accompany the writ to be served upon the tenant. This form will be provided at the time of the purchase of the writ at no extra charge.

    It is the responsibility of the landlord to deliver the completed writ and accompanying affidavit of damages and statement of claim (if applicable) to the sheriff for service upon the tenant. With the sheriff's assistance the return date on the writ will be completed. Once service upon the tenant has been made, the landlord must file the return of service with the court.

    Upon completion of the court action, should the court grant a Writ of Possession to the landlord, the writ will only be issued upon the filing of a completed military affidavit. This form may be obtained from the clerk’s office.

  • 12-16-2009 9:15 AM In reply to

    Re: Can I evict my boyfriend?

    I suggest you read all of the NH landlord tenant statutes at 540, 540-A, and especially 540-B because you might fall under the Rental of Shared Facilities:

    http://www.gencourt.st...

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 12-16-2009 9:55 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,323

    Re: Can I evict my boyfriend?

    Suggestions from a LL:

     

    Details matter a lot!

    You need to pay careful attention to adjuster jacks suggestion to read  Sec 540 B of your state laws- for shared rental -under that section you may evict  for some reasons in as short as 72 hours. There may be a solution  here.

    But BEFORE you take position that there is a lease"  oral or otherwise  under a shared rental agreement;

    I would also suggest you go read  Sec 540 , starting with  the definitions in Sec 540--why-because if there is NO  lease the person may be a total nontenant under your law!   And the general view is one can toss invited guests and they can be viewed as trespassers if they don't go. But the critical view is there is NO lease and you best not have accepted  one dime of "rent." 

    Unfortunately the terms "lease" is not defined in 540---so you need to be sure how to cover that problem.

    Note--even an oral lease requires a meeting of the minds--so if the minds never clearly met its hard to show that there ever was an oral lease--but it does invite some she said he said debates!

     See the exclusion  in definitions at d) as to word "tenant"

    "d) A single-family home in which the occupant has no lease, which is the primary and usual residence of the owner."

    HINT : If you are going to toss a nontenant I suggest you toss them and make sure they are out and locks rekeyed etc--what you don't want is to tell a guest/nontenant they are out but they are still there camped out and debating the point and making your daily life royal h---.   You may need to deliver a guests personal possessions at a time of mutual convenience to just OUTSIDE the front door for him to pick up --but I caution you about letting a guest back in under any pretext where he could claim "tenancy"  and the local police will simply punt as to your claims as to him being a trespasser!  If you change locks and he breaks in that a whole different story! 

    If you are unsure about how to play hardball with guests who have worn out thier welcome mat  or need to confirm rules et al  I strongly suggest you  SILENTLY go  pay for  some sound legal advice from local counsel .

     



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