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Good evening. I certainly understand the situation and your concern. This situation is very common. Even though there is no written lease agreement, he does pay rent and would be considered a month to month
tenant. If he is failing to pay rent as agreed and you no longer want him residing with you, then you would have to go through the eviction process, through the courts, if he was unwilling to leave on his own. You can certainly ask him to leave or come to an agreement with him, on when he will vacate but if he refuses to do so or comply, you need to evict him. You can not use self help to get him out and change the locks or else he could come back and sue you. You could try and call the police and ask them to remove him but they are likely going to tell you this is a civil issue and can not get involved.
New Hampshire has a special process for eviction. No landlord can lawfully evict a tenant without following the steps set out by state law (RSA 540). A tenant can be evicted for violating the lease. If the tenant has no written lease, she or he can be evicted for a variety of reasons. In New Hampshire, tenants renting part of a privately owned and owner-occupied home can be evicted for almost any reason.
In New Hampshire, there are five "good" causes for eviction:
Failure to pay the rent;
Substantial damage to the premises;
Behavior that affects the health and safety of others;
Violation of the lease;
Other good cause.
"Other good cause" may include legitimate business reasons of the landlord. If, however, the "other" cause is something that the tenant did or did not do, then the landlord must first give the tenant a written warning that in the future the action or inaction will be grounds for eviction.
The tenant can reverse the order for eviction in the first three causes by "remedying" the situation, that is, paying the rent, repairing the damage, and so forth.
A landlord can legally evict a tenant only by sending a written notice to the tenant. This written notice must be in the form of a "written notice to quit or leave" which is a legal document. Eviction for not paying rent, damages
to the property or danger to the health or safety of others require seven days' notice. All other grounds for eviction require 30 days' notice.
In the case where a tenant has not paid rent, the landlord must make a written demand for payment of the money before issuing the notice-to-quit. The notice-to-quit for nonpayment of rent must explain the tenant's right to defeat eviction by paying the rent owed plus $15 before the last day of the notice-to-quit (RSA 540:3, IV). If the payment is made, then eviction for nonpayment of rent is no longer possible (RSA 540:2-5, 9). However, tenants can only avoid eviction by "curing nonpayment" three times during one calendar year.
The landlord may NOT break into the dwelling, may NOT move a tenant's belongings out, and may NOT turn off the heat and utilities
. The sheriff is the only person who may remove property from the premises and this can be done only after the landlord has been awarded a court judgment called a "writ of possession" (RSA 540-A:3, III-IV).
A landlord cannot evict a tenant for reporting a building or housing
code violation to the authorities, lawfully withholding rent, filing a complaint in court asking for an order to stop certain practices, or meeting with or organizing other tenants (RSA 540:13-A).
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