[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, Zip Code] Subject: Notice of Unlawful Self-Help Possession Dear [Landlord's Name], I hope this letter finds you well. I am writing to bring to your attention a serious matter regarding your recent actions related to the property I am currently renting from you at [Rental Property Address]. I believe you have engaged in unlawful self-help in an attempt to obtain possession of the property. This action is in violation of the landlord-tenant laws of the state of New Hampshire and is causing me significant distress and inconvenience. According to New Hampshire Revised Statutes Annotated (RSA) Title XXVII, Chapter 540, Section 540:13, a landlord must follow proper legal procedures, such as filing an eviction lawsuit, in order to lawfully regain possession of a rental property. Engaging in self-help measures is strictly prohibited and can result in legal consequences for the landlord. Specifically, on [date(s)], I have observed the following actions being taken by you, all of which constitute unlawful self-help: 1. [Describe the first instance of unlawful self-help in detail, providing dates, times, and any supporting evidence if available]. 2. [Describe the second instance of unlawful self-help in detail, providing dates, times, and any supporting evidence if available]. 3. [Describe any other instances of unlawful self-help, providing dates, times, and any supporting evidence if available]. These actions have left me feeling frustrated, vulnerable, and disadvantaged as a tenant, as my rights have been violated. I expect you, as the landlord, to respect the legal framework governing landlord-tenant relationships. It is important for you to understand that such actions not only breach our lease agreement but also disregard New Hampshire state laws designed to protect tenants from unfair practices. To resolve this matter promptly and amicably, I kindly request that you: 1. Cease all unlawful self-help measures immediately and refrain from engaging in further attempts to gain possession without following the appropriate legal procedures. 2. Restore any changes made to the property or my tenancy as a result of the unlawful self-help actions. This includes [provide specific actions required to restore the property or tenancy to its prior state]. 3. Provide written confirmation of your commitment to comply with New Hampshire's landlord-tenant laws and to respect my rights as a tenant. 4. Reimburse any costs or expenses incurred by me as a direct result of your unlawful self-help actions, such as [provide examples of costs incurred, including receipts or proofs]. Please be advised that failure to address and rectify this matter within [reasonable timeframe, e.g., 14 days] may leave me with no choice but to seek legal remedies available to me under New Hampshire state laws. These remedies may include filing a formal complaint with the New Hampshire Attorney General's Office and pursuing further legal action to protect my rights as a tenant. I trust that we can resolve this matter swiftly and amicably, as it is in both our interests to maintain a positive landlord-tenant relationship. I look forward to your prompt response within [reasonable timeframe, e.g., 7 days], acknowledging the issues raised and outlining the steps you will take to rectify the situation. Please feel free to contact me at [your phone number] or [your email address] to discuss this matter further or to arrange a meeting to address any concerns. Thank you for your immediate attention to this matter. Sincerely, [Your Name]
New Hampshire Letter from Tenant to Landlord about Landlord using Unlawful Self-Help to Gain Possession
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FAQ
Benefits of Suing Your Landlord Filing a lawsuit does have some potential advantages for tenants. Could Motivate a Landlord to Settle Outside of Court: Notifying your landlord of your intention to sue him or her could motivate your landlord to do everything in their power to avoid actually going to court.
Know your state's landlord/tenant laws. Read and respond to the court summons. Try to work out a settlement. Consider legal counsel. Show up for court. Look sharp and provide evidence.
It is against the law RSA 540-A for a landlord to:Enter your residence without permission, except to make emergency repairs. (You should not refuse your landlord's reasonable request to enter with enough notice); Take any other action to force you out of your home without going through the eviction process.
Can I sue in Small Claims Court for emotional distress or lost wages? No. There must be a specific section of landlord-tenant law or a written agreement that has been violated in order to use Small Claims Court, and you can only sue for money owed to you. You cannot sue to force the landlord to do something.
Your landlord discriminates against you. Your landlord takes your security deposit illegally. Your rental unit is inhabitable. The property owner interferes with your right to quiet enjoyment. Your landlord fails to make the necessary repairs.
The landlord had a duty to reasonably maintain the property; The landlord knew or should have known of the dangerous condition; The landlord breached their duty by failing to repair/fix the dangerous condition;
Review Your Lease Before You Sign. Research Local Laws. Keep Records. Pay Your Rent. Maintain Respectful Communication. Seek an Agreeable Solution. Request Repairs in Writing. What Do You Think?
If you think your landlord is violating the Fair Housing Act, you can get that landlord in trouble by filing a complaint at HUD.gov. Your remedy for breach of quiet enjoyment is to terminate the lease and move or sue in small claims court.
You can recover up to $250,000 in pain and suffering, or any non-economic damages.