So Quick To Evict - NH

[Screwygirl]

I have lived at my residence for two and a half years, and for the most part, I pay my rent. There have been a couple issues here and there, but I always contact my landlord to inform him of the situation. I've never been more than two months behind in rental payments, and that was due to a fraudulent check we were given once. We don't cause problems, we don't have wild parties, we abide by the rules, and we don't make a lot of demands.

Recently, I sent my rent check through the mail for the month of August. By the 20th, I noticed that the check had not cleared the bank account, so I called the landlord to ask if they had received the check. They said they hadn't, so I issued a stop payment on the previous check and sent out a new one. I told them I was doing it. Monday evening, I received a demand for rent and a notice to quit. I'm not even a month behind. This is for the current month's rent.

This is not the first time they have done this. I call them and speak to them, and they seem to be alright. Then a few days later, there is an eviction notice... even when I talked to them. There are people out there who are MONTHS behind on their rent, who use the eviction moratorium as a shield so they don't have to pay rent. I am a good tenant who does her best to pay the rent. My landlord is well aware that I am making every effort to do so, yet I keep getting eviction notices over less than one month of rent arrearages.

I do my best to get the rent to them quickly, but I can't help but feel like the landlord is trying to use ANY excuse to evict me. It's ridiculous! If this continues, is there a way for me to get it to stop? Over two and a half years, the landlord has tried to evict us 4 times, 3 of them over rent that wasn't even 30 days overdue. I can't help but feel like it's a little personal.

 

[Zigner]

If this continues, is there a way for me to get it to stop?

Yes, find a way to pay your rent without being late. Perhaps you can set up some sort of PayPal or other direct deposit option.

Don't be indignant and don't try to lay this at the feet of your landlord. It's not his job to chase down the rent and he has every right to begin the eviction process as soon as you are late.

 

[Screwygirl]

Thanks. Very helpful and empathetic. There are worse tenants then someone who IS paying their rent and causes no problems. It's ridiculous. When I called them Friday to let them know I would send out a new check right away, they said there was no problem. Now Monday rolls around, and I get an eviction notice.

I don't control the mail. I have asked about automatic payments, but it is not available for my address. They don't accept Paypal or online payments. I would rather have the rent come out automatically, but they don't do that.

But again, thanks for your understanding and compassion. It's lovely to know that people just don't care.

 

[quincy]

Thanks. Very helpful and empathetic. There are worse tenants then someone who IS paying their rent and causes no problems. It's ridiculous. When I called them Friday to let them know I would send out a new check right away, they said there was no problem. Now Monday rolls around, and I get an eviction notice.

I don't control the mail. I have asked about automatic payments, but it is not available for my address. They don't accept Paypal or online payments. I would rather have the rent come out automatically, but they don't do that.

But again, thanks for your understanding and compassion. It's lovely to know that people just don't care.

A tenant is expected to pay rent on time. Paying rent late is a breach of the rental agreement.

Landlords are often dependent on timely rent payments from their tenants so they can make payments of their own.

 

[stealth2]

There are worse tenants then someone who IS paying their rent

for the most part, I pay my rent.

Just sayin'...

Honestly, though... After the first late payment, you should have figured out a way to make sure paying the rent was priority 1. Even if that meant walking it into them.

 

[quincy]

Here is a link to New Hampshire’s emergency rental assistance which also provides assistance with an eviction to those who are income-eligible:

https://www.nhhfa.org/emergency-rental-assistance/

 

[Just Blue]

I have lived at my residence for two and a half years, and for the most part, I pay my rent. There have been a couple issues here and there, but I always contact my landlord to inform him of the situation. I've never been more than two months behind in rental payments, and that was due to a fraudulent check we were given once. We don't cause problems, we don't have wild parties, we abide by the rules, and we don't make a lot of demands.

Recently, I sent my rent check through the mail for the month of August. By the 20th, I noticed that the check had not cleared the bank account, so I called the landlord to ask if they had received the check. They said they hadn't, so I issued a stop payment on the previous check and sent out a new one. I told them I was doing it. Monday evening, I received a demand for rent and a notice to quit. I'm not even a month behind. This is for the current month's rent.

This is not the first time they have done this. I call them and speak to them, and they seem to be alright. Then a few days later, there is an eviction notice... even when I talked to them. There are people out there who are MONTHS behind on their rent, who use the eviction moratorium as a shield so they don't have to pay rent. I am a good tenant who does her best to pay the rent. My landlord is well aware that I am making every effort to do so, yet I keep getting eviction notices over less than one month of rent arrearages.

I do my best to get the rent to them quickly, but I can't help but feel like the landlord is trying to use ANY excuse to evict me. It's ridiculous! If this continues, is there a way for me to get it to stop? Over two and a half years, the landlord has tried to evict us 4 times, 3 of them over rent that wasn't even 30 days overdue. I can't help but feel like it's a little personal.

You're kidding, right?

Your LL is not the bad guy here. Your' issues with fake checks and slow mail is just that, YOUR issue. Your LL doesn't need to "look for a reason to evict" you, you are handing him one with your apathetic attitude toward paying your rent. LL will continue to issue notices to pay or quit as long as you continue being a deadbeat tenant. Please note that the LL has the legal right to do this.

https://www.nolo.com/legal-encyclopedia/overview-landlord-tenant-laws-new-hampshire.html

 

[Just Blue]

Appropriate user name, BTW.

 

[Screwygirl]

"A tenant is expected to pay rent on time. Paying rent late is a breach of the rental agreement. Landlords are often dependent on timely rent payments from their tenants so they can make payments of their own. "
I am aware of this. The rent check is the first I send out every month. The mail system used to be reliable in my area. Not so much, now. As soon as I saw that the check had not cleared the bank, I called them on a Friday and immediately issued a new check. They said they were okay with it. Then I got the eviction notice on Monday. They KNOW the check is on the way, yet they still went ahead with the eviction process.
"Just sayin'... Honestly, though... After the first late payment, you should have figured out a way to make sure paying the rent was priority 1. Even if that meant walking it into them."
Just saying... I can't walk very far. I have a walking disability, and my landlord is two towns over. And the rent is priority 1. I would love it if they had an auto-withdraw, but they don't for my address.
"Here is a link to New Hampshire’s emergency rental assistance which also provides assistance with an eviction to those who are income-eligible:"
Thank you for offering the link, but my income isn't the problem (at least rent-wise). We can afford the rent just fine. The problem is the delivery of said rent.
Folks, when I said "for the most part", I was only referring to the one time when a fraudulent check came into the bank account. I fell behind in my rent, but I sent them everything I had... and caught up. I pay my rent. I have 23 years of gleaming landlord references. I know the importance of paying the rent. But...
I spoke with them Friday, and sent out another check. They said they were fine with it. Then Monday, I get the eviction notice. They know it's coming, and yet they begin eviction processes. Has my rent been late before? Yes. The mail has become extremely unreliable, and I honestly don't know how to fix that problem. FedEx is just as bad. They don't have an auto-withdraw system, and I currently have no way to get to their offices. Any suggestions for that problem?
I've never had a landlord deliver eviction notices for rent that is a little late. Prior to this landlord, I've had two others in 23 years, and I've never had an eviction notice. As long as I contacted them when there was an issue, no problems arose. They had payments to make, as well. I have a friend who is a landlord himself, and he says that it is a little extreme to issue an eviction for a tenant that is late on a payment, especially when the history is clear that they pay the rent under normal circumstances.

 

[zddoodah]

I have lived at my residence for two and a half years, and for the most part, I pay my rent. There have been a couple issues here and there, but I always contact my landlord to inform him of the situation. I've never been more than two months behind in rental payments, and that was due to a fraudulent check we were given once. We don't cause problems, we don't have wild parties, we abide by the rules, and we don't make a lot of demands.

I haven't yet read the rest of your post, but you sound like a tenant I had once. He was a huge pain in the ass, but he always came current with his rent before I felt like evicting him. He ended up abandoning the place with a bunch of trash and some damage, and I sued him and got a judgment that I was never able to enforce.

I'm not even a month behind. This is for the current month's rent.

The rent that was due on the first, right?

I can't help but feel like the landlord is trying to use ANY excuse to evict me. It's ridiculous!

You're right. It is ridiculous to expect your landlord to tolerate continually late rent.

If this continues, is there a way for me to get it to stop?

Yes. Pay your rent on time.

If you don't pay your rent on time, your landlord can and should immediately serve you with a notice to terminate your tenancy.

There are worse tenants

So?

I don't control the mail.

So...deliver the check personally. Or use an overnight courier. Or send it a week before it's due.

thanks for your understanding and compassion. It's lovely to know that people just don't care.

This isn't the "I'm ok; you're ok" message board. This is a board for legal issues.

 

[Gail in Georgia]

Your landlords statement for the demand for rent and notice to quit is typically the FIRST step toward and eviction. All landlords need to provide their tenants with some type of notice (often called a Pay or Quit notice) which, if ignored, will continue to an actual filing for an eviction through the court system. It's important to understand that only a court can grant an actual eviction. But a tenant must typically be given a certain amount of time to remedy this situation before it leads to an actual filing for such.

The fact that you have received 4 of these throughout your tenancy and you're reasoning is that you are "not even a month behind" is, quite frankly, appalling. On your part, not your landlords. Is there a way to stop this? Yes; make certain the rent is received by the required deadline in your lease. It is suspected that your landlord is tired (and no longer believes) any of your excuses why this has happened.

Consider this Pay or Quit notice a type of kick in your ass to pay your rent on time.

Gail

 

[stealth2]

"Just sayin'... Honestly, though... After the first late payment, you should have figured out a way to make sure paying the rent was priority 1. Even if that meant walking it into them."
Just saying... I can't walk very far. I have a walking disability, and my landlord is two towns over. And the rent is priority 1.

I suspect you understood that "walk it in" was figurative. NOT that you'd walk 2 towns over, but that you'd drive, take the bus, ask a friend to give you a ride, have the other half of the "we" below (unless, obviously, it is a young child) help hand-deliver the rent. But I can understand how four times in two and a half years could be problematic to the landlord...

We can afford the rent just fine.

 

[Screwygirl]

I was going to go into details and try to explain what happened each time. No one gives a damn about it. Everyone just hears that I was late. It doesn't matter to any of you how it happened. You just assume I am a horrible tenant who is trying to get away with being late or not paying my rent. So I won't bother any of you with details. You've already made up your minds. So yeah, I'm a piece of crap. Moving on...

Does anyone have suggestions as to how I can get my rent check to my landlord that won't cost a fortune? I have tried FedEx, but sometimes, they don't even show up on the right day. A courier costs too much. I don't have a working vehicle, and I have a walking disability (so walking the check to the landlord is not possible for me.)

 

[doucar]

What does they don't have an auto withdrawl system at my address even mean? Change banks if your bank does not have a bill pay option.

 

[Screwygirl]

I suspect you understood that "walk it in" was figurative. NOT that you'd walk 2 towns over, but that you'd drive, take the bus, ask a friend to give you a ride, have the other half of the "we" below (unless, obviously, it is a young child) help hand-deliver the rent. But I can understand how four times in two and a half years could be problematic to the landlord...

"We" refers to my mother, who is in Hospice care in my home, and my brother (Who I wouldn't trust with money).

I can look into the buses, as long as it is under $20, I could swing it. And no, I thought you meant to actually walk to the landlord.