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Eviction So Landlord Can Move In

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  • 08-27-2008, 06:40 PM
    guardianangel
    Eviction So Landlord Can Move In
    My question involves an eviction in the state of: New Hampshire

    The tenant has a rent-to-own contract which was dated from Feb 07 through Feb 08. The landlord verbally extended the contract which a witness was present and provided a signed affidavit.

    In July, the landlord had a notice to quit served. The tenant did not vacate the premises, so the landlord filed a motion in court on the basis he wished to move into the premises as he had lost his primary residence.

    Tenant and landlord went to court, the judge ruled that the tenant could not be evicted as the tenant was not in breach of the contract. In fact the judge informed the landlord that he was now going to owe the tenant money for damages through superior court.

    The landlord appealed on the basis of non-payment of rent. The landlord and tenant went to court again this time the landlord brought an attorney. The landlord's attorney could not determine that any rent was due the client based on the evidence submitted by both parties.

    The judge set a new date one week later. The tenant asked for a two week continuance because their attorney was not available for the date. The two week continuance was denied. Thus the two parties were once again in court. The tenant once again asked for a continuance which was denied, the attorney for the landlord could not provided evidence of non-payment of rent and the judge stated he would make a determination later that day. The attorney of the landlord was asking for a notice of writ to be issued and the monies being held in escrow turned over to the landlord.

    Thus, what could be the possible scenario(s) of the outcome of this case? If the judge was going to issue a notice of writ, would he/she not have done so upon hearing the case? The tenant was very adamant with the judge with respect to combining the two cases instead of having two separate motions filed and that he/she was not afforded the opportunity to have his/her legal counsel present. The attorney for the landlord was very adamant at the last two hearings that a notice of writ is what was being requested of the court.

    Can someone who has a legal background in real estate litigation please give their professional opinion as to what the possible outcome of this case may be.
  • 08-29-2008, 07:16 AM
    Mr. Knowitall
    Re: Promissory Estoppel
    If this is an eviction for nonpayment of rent, and there was no evidence submitted that rent wasn't paid in full, presumably with the tenant arguing that rent was fully paid, the judge should rule for the tenant. Ideally, though, the tenant would have submitted proof of payment.

    Both parties have lawyers, so they should be talking to their lawyers.
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