Practicing Law from the Client's Perspective
Phone 603-717-0380 or 603-580-1015

Please select your question category

FAQs - Landlord/Tenant
If the problem continues the landlord may take a tenant to court for payment of back rent and may also commence a lawsuit to have the tenant physically evicted from the property.
A security deposit is required in a rental situation to protect the interests and the property of the landlord or owner. The deposit provides a sum of money which the landlord may use to make repairs due to damage done by the tenant. The deposit may also be used to cover unpaid rent after the tenant leaves the property. There are specific laws governing the maximum amount of a security deposit which a landlord may require, how the funds are held, and the circumstances under which a landlord may retain some, or all, of a security deposit.
A lease or a rental agreement is a contract which legally bind both a landlord and a tenant to certain rights and obligations. When a rental agreement or lease is merely discussed and never put to paper, the parties can later have a difficult time agreeing on specific terms (What was the amount of rent again? What do you mean you don't pay for my electricity?) or general items (I can't understand why you are kicking me out for not keeping the bathroom clean!). If an agreement is made in writing there is more clarity, the parties can refer to the lease if a dispute arises, and if legal action is required, the lease will provide the final say as to the terms of the parties’ agreement.
The short answer is yes, they can. The long answer, however, is that it is often illegal and can lead to a host of problems for the landlord, including substantial financial damages that may be payable to the tenant. A landlord should never attempt an eviction without proper legal advice.
The legal process begins with two forms: a Demand for Rent and an Eviction Notice. The Demand for Rent serves to inform the tenant that the rent is overdue and must be paid by a date certain. The Eviction Notice formally notifies the tenant that unless the rent is paid by the date specified, the landlord will begin formal eviction proceedings in court.