Evictions are regulated by state law. In New Hampshire, evictions take place in the local Circuit Court and are heavily regulated by both statutes and court rules. If a person or company bringing in eviction action to remove a tenant does not strictly comply with the applicable statutes and rules, an effective attorney defending the action will often be able to get the eviction action stopped or even dismissed. The action begins with an eviction notice. This notice gives the tenant a limited amount of time to leave the premises and sets forth the reason for the eviction (for example, nonpayment of rent or some violation of the lease). If the tenant does not do so, then the case is brought to the local Circuit Court and, depending on the circumstances, the court will either grant or deny the eviction. The court also has the power to force the tenant to pay rent into court during its period of occupancy if the eviction is not immediately granted.
In Vermont, evictions take place in the Superior Court, but are also heavily regulated by both statutes and applicable court rules. Similar to New Hampshire, if a person or company bringing an eviction action to remove a tenant does not carefully comply with all applicable statutes and rules, a competent opposing attorney will often be able to thwart the eviction.
If you are a building owner, it is critical to have your form lease designed by an attorney. Certain lease provisions give protection to a landlord in an eviction action. As one example, under American law if the lease does not include a provision that specifically entitles the landlord to collect legal fees from a tenant who loses an eviction action, the landlord will not be entitled to collect those fees from the tenant after the eviction.
This law office has aggressively litigated commercial and residential eviction cases in New Hampshire and Vermont, representing both landlords and tenants, for approximately 30 years.
If you need legal assistance in any commercial or residential eviction litigation, or help developing appropriate lease and associated forms so you are protected if you have to bring an eviction at some point, call us at 800-909-LAWS (5297) or submit a questionnaire through this website. Eviction cases have a statute of limitations that bar claims or defenses after time has passed, so avoid waiving rights by waiting too long.