Legal Question in Real Estate Law in New Hampshire

Notice to Quit / Eviction notice

I am looking for some advice: I recieved a notice to quit from my landlord of the apartment I rent. It states that I have exactly one week to vacate the premises. I pay this landlord by the month. It is two weeks into the month and I have not paid rent to the landlord, but he does have a full months rent in a security deposit. (there is and will be no damage)

This eviction notice was served in hand to me by my landlord and it looks like something he made on his computer. It is signed by him only.

My question is: Since I pay rent by the month, shouldnt I have a months notice to vacate? Also if I dont leave on the date of his homemade notice, and leave instead on the 1st of next month,(when my new apartment is ready) is that illegal? Is his notice legal?

Please help if you have any advice. Thank you.


Asked on 3/15/06, 6:45 pm

1 Answer from Attorneys
Roy Weddleton Granite Law

Re: Notice to Quit / Eviction notice

If you did not pay rent when due, the landlord can give you 7 days notice to leave regardless of when you pay the rent. However, he cannot evict you without going to court and getting a writ of possession and if all you want is until the end of the month it will take that long to get the writ. The security deposit is exactly that and you can't count that as rent payment.

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Answered on 3/16/06, 7:26 am


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