boonas

[boonas]

What is the name of your state? NH

We recently acquired a two family. Two problems with one tenant: was late on their rent (due the 1st - late by the 4th) and both their vehicles leak oil. We were told by previous landlord that they are usually late on rent & they had already been spoken to about oil. I informed them of these two problems. He called & said (1) he was sending a check for rent & lame excuse (2) that he will not park somewhere else for the kind of rent he's paying and (3) he would pay for damages as the damage had already been done. I told him I wanted that in writing. The agreement states that if vehicle is leaking any fluids, it cannot be parked in the drive. I was thinking of getting estimates.. How can I handle this from here? Thanks

 

[longneck]

does the tenant have a written lease agreement that says "late on the 4th day"?

as for the leaking oil, find someone who will PROPERLY clean the oil from the driveway in an environmentally safe manner (i.e., not wash it down the storm gutter) to get an estimate. let the tenant know (in writing) that the driveway will be cleaned on <insert date here> and that every time you see oil stains, they will be cleaned at his expense.

you may have a hard time getting the tenant to pay the bill, but if he doesn't you now have an excellent reason to evict him.

 

[longneck]

The agreement states that if vehicle is leaking any fluids, it cannot be parked in the drive.

sounds like a good idea. make sure the agreement also includes that any leaked fluids will be cleaned by the LL using environmentally safe methods or a contractor selected by the LL, all at the tenant's expense.

 

[boonas]

My state is NH

Yes - agreement does state late by the 4th. I also have that the tenant will pay for repairs to damaged driveway due to leaks in the agreement. Sounds like I'm on the right track - I will check on clean-up vs. repair to tar. Thanks for your help !

 

[longneck]

Yes - agreement does state late by the 4th.

ok, next time instead of calling, etc, on the fifth day prepare a pay-or-quit notice in accordance with your state's guidelines. generally, it's 3 days. during those 3 days, you have to accept rent and late fee payments. after those 3 days, you can go to court and get a writ of possession and legally evict them. if the tenant tries to pay you after those initial 3 days, you do NOT have to accept them.

 

[boonas]

My state is NH

Thanks for the info on the three days - it is three days for NH. I also wrote to tenants - told them that they will pay for the repair/cleaning and since they refuse to park their vehicle somewhere else until it is fixed, they will be responsible for future repairs also. I am in the process of getting estimates. Thanks again for your input !

 

[reyn562]

There is something else: if your tenant continues to violate the terms of his rental agreement/lease you can terminate the agreement and evict him immediately. Florida laws state that if a person violates the term of a lease in a correctable manner twice within the 12-month period, the tenant can be evicted without giving the proper seven-day notice.

 

[longneck]

Florida laws state that if a person violates the term of a lease in a correctable manner twice within the 12-month period, the tenant can be evicted without giving the proper seven-day notice.

really? i've never seen that before. please provide a link to that one.

and what does florida law have to do with NH?

 

[HomeGuru]

There is something else: if your tenant continues to violate the terms of his rental agreement/lease you can terminate the agreement and evict him immediately. Florida laws state that if a person violates the term of a lease in a correctable manner twice within the 12-month period, the tenant can be evicted without giving the proper seven-day notice.

**A: so are you saying that New Hampshire follows Florida L/T law?
And I have never read such a Florida law that you are referring to. Is this a brand new law?

 

[boonas]

State of NH

I didn't see anything on the immediate eviction. The following is the NH law for 'notice to quit'.

540:3 Notice to Quit.
I. If a nonresidential tenant neglects or refuses to pay rent due and in
arrears, upon demand, 7 days' notice shall be sufficient; if the rent is
payable more frequently than once in 3 months, whether such rent is due or
not, a notice equal to the rent period shall be sufficient, and 3 months'
notice shall be sufficient in all cases.
II. For all residential tenancies, 30 days' notice shall be sufficient in all
cases; provided, however, that 7 days' notice shall be sufficient if the reason
for the termination is as set forth in RSA 540:2, II (a), (b), or (d).
III. The notice to quit shall state with specificity the reason for the
eviction.
IV. If the notice to quit is based on non-payment of rent, the notice shall
inform the tenant of his right, if any, to avoid the eviction by payment of
the arrearages and liquidated damages in accordance with RSA 540:9.

 

[boonas]

boonas update

State of NH

I received a note from my tenant:

I, ........., of ..........., do agree to clean up and repair oil stains at the top of driveway where mine & my wife's cars are parked at my own cost. I will fix them within the next 30 days. (Signature)

I don't think he realizes what he wrote. He seems to think that if the driveway is not repaired within the next 30 days, he does not have to pay for the repair. I'd like to send a notice that estimates are being obtained and payment will be made to either pay when services are rendered or within the 30 days as agreed - whichever comes first. Should I do that?

 

[longneck]

if i was in your shoes, i would not let him repair the driveway. i would call him and tell him to fix the car, but do not fix the driveway. once his car is fixed, he should let you know so you can have the driveway repaired. after the phone conversation, i would write him a letter acknowledging his letter, then state that he is not to fix the driveway himself.

but that's just my opinion.

if you think he will properly fix the driveway, then go after him if he doesn't fix it in 30 days. it doesn't matter what he THINKS he wrote. it only matters what he ACTUALLY wrote.

 

[boonas]

State of NH

I'm not going to let him fix the drive - I just want him to pay for it. He claims he is going to fix the car within the next couple of weeks but I don't believe him. He also said he was going to park in the street if the driveway is repaired & his car still leaks. I don't believe anything from him. I'm having estimates done now. If he doesn't pay within the 30 days or when the bill is due, then I can bring him to small claims? I'm also considering giving him a notice to vacate anyway - I have a 30-day TAW. He's just bad news.