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  1. #1

    Default Lease Contract To Purchase, And Possessory Rights

    My question involves landlord-tenant law in the State of: New Hampshire


    I have a lease/rent to own contract dated 2/07-2/08. I have made several attempts to have the landlord extend the contract or make amendment to it, or even become the mortgage holder. Even though my contract has expired, my landlord and I have a verbal contract extending the contract. I asked the landlord if I was going to have to move due to his current situation and he said no. He will need to put a storage container on the property I lease to own and I agreed. My landlord is loosing his primary residence due to foreclosure. He called me on 5/7 and said I have to move out because he has to move in, then his wife called on 5/8 and left a message stating we needed to discuss the details. I tried getting financing before the end of the contract to help him out, but no financial inst. will touch it because age/type of home. I have a clause in the contract that protects me from breach of contract due to this. I even paid him two months rent one month to help him with legal fees. I need to know if he can evict me, the eviction laws state that they do not apply when a contract is involved. Second, I need to know if he has possessory rights and if he does, is this a housing court issue or a civil court issue. I am disabled and have 3 small children if it makes any difference. I need help ASAP, as I have not replied to his phone calls. The landlord and his family are close friends of mine, so I want to handle everything legally, so there are no hard feelings. Do I have the right to take legal action before he does and if so, is it a civil matter? Please help.

    Thank you in advance.

  2. #2
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    Default Re: Lease Contract To Purchase, And Possessory Rights

    Contact legal aid.

    Depending upon the terms of your lease, the "verbal contract" may constitute a continuation of the lease on existing terms, or it may simply constitute a month-to-month tenancy with no "lease/rent to own" provision. If you're "just a tenant", he can end your tenancy on proper ntoice and evict you if you don't leave.

  3. #3

    Default Re: Lease Contract To Purchase, And Possessory Rights

    Would this information I read apply?

    If you rely to your detriment on a person who DOES mean what he says at the time he says it, but who later changes his mind your most likely remedies are a suit for damages if there is a contract, or if there is not a formal contract, a suit in quasi based on promissory estoppal, depending on the circumstance.

  4. #4

    Default Re: Lease Contract To Purchase, And Possessory Rights

    Mr. Knowitall:

    Thank you very much for the link in your response. I was informed by a Real Estate Attorney that I have a very good case. Of course, I could not afford their prices and was told to look into legal aid. The information I found on legal aid did not offer the type of attorney I require.

    The site you provided for me has all of the information I need. Thank you again for all of your help in this matter.

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