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We ( the Center Harbor Food Pantry) have been served an

Customer Question
We ( the Center...

We ( the Center Harbor Food Pantry) have been served an eviction notice. Can they lock us out?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

NH

Lawyer's Assistant: What steps have you taken so far?

We have been looking for an other space to rent

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They didn't take over the property as the new board of directors by means of a corp meeting and vote. As a 501C3 there was no board meeting or sec recordings of the facts of any meeting

Submitted: 1 month ago.Category: Legal
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Answered in 8 minutes by:
3/16/2018
Lawyer: Barrister, Attorney replied 1 month ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,135
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

1. Have you been served a notice to terminate your tenancy, like a 30 day notice?

.

2. Or have you been served a summons and complaint for eviction by a sheriff?

.

3. Or have you already been to court and have been served with a writ of possession by the sheriff?

.

4. Does your landlord reserve the right in the lease to lock you out in the event of a breach of the lease?

.

5. Are you in breach of the lease in some way, like not paying rent?

.

.

thanks

Barrister

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Customer reply replied 1 month ago
1 we have been served an eviction notice to vacate by 3/15/18 2 yes
3 no
4 there is no lease with the corp claiming owner ship
5 we paid rent up till the notice to vacateThe property owned by the Center Harbor Christian Church rented to the CHFP (Center Harbor Food Pantry) for the payment of the monthly bank mortgage and utilities.
The Pres Robert Farah claims a $200K lean on the property.
The ACC (Agape Community Church) claims owner ship through a meeting where they became the new board of directors and takes all depts from the CHCC.
Mr Robert Farah (CHCC) has not made any attemps to fix the heat water bathroom and rodents in the building for the time we where paying rent going back to 11/22/16
We the volunteers want to move but need to stall for better weather as most of us are older over 60.
Robert Farahs actions can be found @ http://www.laconiadailysun.com/newsx/local-news/14871-pastor-bob-details-ties-to-mortgage-firm
Customer reply replied 1 month ago
I need to go to walk the dog and bed, good night and thank you. Ed
Lawyer: Barrister, Attorney replied 1 month ago

Ok if the owner gave a proper 30 day notice to vacate and you don't do so, then unless the original lease has a lock out clause in it, they can't do so. They will have to pursue a formal eviction lawsuit through the courts to get a judgment that the sheriff will execute to force you to leave the property. That will take around another month or so.

.

.

thanks

Barrister

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Customer reply replied 1 month ago
we will be served another court notice before they lock us out. At that time we need to file a motion with the court within 10 days on why we have not vacated the property. Am I right?
Lawyer: Barrister, Attorney replied 1 month ago

Kind of. You will be served with a summons to go to court for a hearing. Then if you respond to the summons with a written appearance, the case will be set for a hearing no more than 10 days later. At the hearing, if the landlord wins, the court will issue a writ of possession. The judgment may be enforced, at the sole discretion of the plaintiff, either by directing the sheriff to serve the writ of possession. A writ of possession shall authorize the sheriff to remove the defendant from the premises.

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Customer reply replied 1 month ago
the issue we have is the the CHCC a non-profit corp doesn't have a filing of board members or voting to all resign and replace the board with the Agape CC. There was a loan imposed by the pres on the transfer of the property. As a non-profit there should be a record of the 5 board members and how they voted. This is a sale of the corp where there pres made $200. That is what caused the eviction was the new board.
Lawyer: Barrister, Attorney replied 1 month ago

Ok, that doesn't really change anything that I have gone over... if there are internal squabbles within the organization that doesn't prevent the landlord from evicting..

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Lawyer: Barrister, Attorney replied 1 month ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Barrister
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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