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I am writing from Days Inn Campton NH, We have guest staying…

Hello, I am writing...

Hello, I am writing from Days Inn Campton NH, We have guest staying here more then 30 days and he did not pay his rent due. He seems not going to pay until the eviction day 3/31/18, we do not know if he will pay on eviction day what should we do?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

New Hampshire

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

We do not have lease with them, its like normal guest who staying here week by week but did not pay and now it seems his claiming as resident because he stay here more then 30 days? does it apply to hotel or motel?

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

His rooms smells very bad which all house keepers know about it

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Answered in 5 minutes by:
3/23/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,429
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Thanks very much for your patience. What as the deadline for him to pay? Was it 3/31 or was it earlier?

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Customer reply replied 1 month ago
the total of $1207.30
Customer reply replied 1 month ago
it is before 3/31/18

I see. So, in my recommendation, I would not accept the money on that date. You can if you want, but if you do so, then you are basically modifying the terms of your agreement, which would allow him to stay at least another month. If you don't accept payment on that date since it was due earlier, then the eviction will still stand and your agreement will not be modified.

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Customer reply replied 1 month ago
it is hotel and still consider as tenant if longer then 30 days ?
Customer reply replied 1 month ago
we already wrote him eviction letter that does not count if he pays for it?

Well, a person is a tenant actually any time you agree to let them stay on your property, even if it is for a short time (less than 30 days). Sometimes, they are called day to day or week to week tenants. Regardless, if you have provided him written notice that he must leave, he must leave by 3/31/2018. If he missed the payment deadline, you're not required to accept any late payments after the fact and he is required to leave. Usually, hotels receive special exemptions by the sheriff thus if you need to have him physically removed, then you should call the sheriff or state police and have him physically removed.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 1 month ago
we can not do anything about it? if he leaves without payments?

Yes, if he failed to pay, then you could still sue him for the missing payment.

A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. This applies even when there was no written agreement, but just an oral agreement between the parties. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started. What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 1 month ago
Is it NH law that anybody who stay in hotel and motel more then 30days consider as tenant?

Yes. 540-A:1 defines who is a landlord and a tenant. Someone doesn't have to be staying at a motel, just any residential dwelling and it doesn't have to be for 30 days. The definitions are very broad.

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Customer reply replied 1 month ago
When you refer to written notice of eviction, does it have to be through court? because we wrote him eviction letter because town hall said so and is that consider legal documents?

Good question. No, the eviction notice doesn't have to go through the courts. Just written notice served on him is adequate.

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Customer reply replied 1 month ago
thank you for your time

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