A tenant at will is a tenant who has the landlord's permission to stay on the property past the expiration of the rental agreement. Also, a tenant who occupies rental property with the landlord's consent and makes rent payments without a written lease is called a tenant-at-will. This form is a generic pleading that may be referred to when preparing a complaint or petition to recover possession of premises from a tenant-at-will after the tenant has been give the statutory notice to quit the premises.
Title: New Hampshire Complaint or Petition to Recover Possession of Premises from a Tenant at Will After Statutory Notice to Quit — Past Due Rent Introduction: A New Hampshire Complaint or Petition to Recover Possession of Premises from a Tenant at Will After Statutory Notice to Quit — Past Due Rent is a legal action taken by a landlord to regain possession of their property from a tenant at will who has failed to pay their rent on time. This article will provide a detailed description of this legal process, including the steps involved and the types of complaints or petitions that may be filed in New Hampshire. Types of Complaints or Petitions: 1. Complaint or Petition for Unpaid Rent: This type of complaint or petition is filed when a tenant at will refuses to pay the rent owed to the landlord within the specified timeframe. 2. Complaint or Petition for Noncompliance with Rental Agreement Terms: This type of complaint or petition is filed when a tenant at will violates specific terms of the rental agreement, such as maintaining the property, causing damage, or engaging in illegal activities. 3. Complaint or Petition for Unauthorized Occupants: This type of complaint or petition is filed when a tenant at will allows individuals not listed in the rental agreement to reside in the property without the landlord's consent. 4. Complaint or Petition for Lease Violation: This type of complaint or petition is filed when a tenant at will breaches any provisions of the lease, such as subletting without permission or failure to give proper notice to terminate the tenancy. Process and Steps Involved: 1. Serve a Statutory Notice to Quit: In New Hampshire, the landlord must initially serve a statutory notice to quit upon the tenant at will, providing a specific time frame (usually seven days) within which the tenant must either pay the outstanding rent or rectify the lease violation. 2. Complete the Complaint or Petition: If the tenant fails to comply with the statutory notice to quit, the landlord can proceed to complete a Complaint or Petition to Recover Possession of Premises. This document outlines the details of the case, the reasons for eviction, and any additional claims for damages owed. 3. File with the Appropriate Court: The completed Complaint or Petition must be filed with the appropriate New Hampshire court, typically the District or Superior Court in the county where the rental property is located. The landlord must also pay the required filing fees. 4. Serve the Tenant with a Summons and Complaint: The court will issue a summons along with the Complaint or Petition, which must be officially delivered to the tenant at will. This process is typically handled by a court officer or sheriff's office. 5. Attend the Court Hearing: Both the landlord and tenant will be required to attend a court hearing where the judge will review the case, hear arguments from both parties, and make a decision. The landlord should bring all necessary evidence, including copies of the lease agreement, any communications related to the eviction, and any documentation supporting the claims made. 6. Obtain a Judgment and Execute Possession: If the judge rules in favor of the landlord, a judgment will be issued granting the landlord the right to regain possession of the property. At this point, the landlord may obtain an execution of possession and coordinate with local law enforcement to remove the tenant from the premises if necessary. Conclusion: A New Hampshire Complaint or Petition to Recover Possession of Premises from a Tenant at Will After Statutory Notice to Quit — Past Due Rent is a legal process allowing a landlord to regain possession of their property if a tenant at will fails to pay the rent owed or violates the terms of the lease agreement. Landlords should follow the appropriate steps outlined by the state's laws and court procedures to ensure a fair and lawful eviction process.
