THAT WHILE A WRITTEN LEASE IS GOOD PRACTICE IN DETAILING THE RESPONSIBILITIES OF BOTH RESIDENTIAL TENANT AND LANDLORD IN NEW HAMPSHIRE, ITS NOT NECESSARILY ALWAYS THE LAW WHICH GOVERNS THE LANDLORD TENANT RELATIONSHIP WHERE IT CONFLICTS WITH STATE STATUTE:

1)     Even when a written lease establishes that the rental is for a set period of time, the landlord has no right to evict a tenant who stays on after the period has expired, if the tenant is current in their rental obligation at the time the lease term expires, and they continue to pay rent as due under the expired written agreement.    However, nothing prohibits the landlord from increasing the rent upon the expiration of a prior written lease agreement.  And, the tenant’s failure to pay at the adjusted rental rate is cause for their eviction.

2)     While the lease may provide for the landlord’s ability to forcibly enter the premises and evict the tenant based on the tenant’s breach of an  express condition of the lease, the law prohibits a landlord’s forcible eviction of a tenant absent an order issued by the District Court.  And that court order will only issue after a hearing at which the landlord establishes that the tenant:

a)     failed to pay rent when due, and then did not pay the amount past due within 7 days of receiving written notification of same from the landlord, or

b)     caused substantial damage to the leasehold, or

c)     breached a material provision of a written lease, or

d)     has caused a condition at the leasehold which is unsanitary, or

e)     other good cause exists to warrant eviction
 

3)     While the written lease may state to the contrary, upon the Court’s issuance of a writ of possession ordering the sheriff’s department to forcibly evict the tenant, the landlord is under a duty to safeguard the tenant’s property remaining at the leasehold for 28 days, and allow the tenant access to remove same.

4)     While the written lease may state to the contrary, a landlord is not entitled to enter the premises or allow a third party to enter without the prior consent of the tenant, unless it is necessary to make emergency repairs.  Likewise, the tenant has no right to deny the landlord access to the premises to make necessary repairs or for other reasonable purposes commonly associated with owning rental property as long as the tenant is given prior notice of the desire to enter and entry is made within a reasonable time after such notice.

THE BOTTOM LINE:  WHILE A WRITTEN LEASE EXECUTED BY THE PARTIES MAY ATTEMPT TO GOVERN THEIR RESPONSIBILITIE, WHERE THAT LEASE CONFLICTS WITH STATE STATUTE:  “YOU CAN’T BELIEVE EVERYTHING YOU READ”........................  

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