Jaran R. Blessing
Attorney
Landlord Tenant Issues
We help landlords and tenants with leases and agreements, notices, non-payment issues, security deposits, property damage questions, and other landlord tenant matters that benefit from steady local counsel.
Whether you are a landlord or a tenant, it is important for you to know what your rights are in the situation. We can help guide you with leases and agreements, notices, and other practical questions that arise as a tenancy moves forward.
Some matters are straightforward. A party may need help reviewing a lease, understanding responsibilities for repairs, or deciding what a notice should say. Other matters involve non-payment, security deposits, property damage, occupancy questions, or the steps that follow when a tenancy is breaking down.
Leases, Notices, and Day-to-Day Questions
Many landlord tenant issues can be addressed more effectively when they are reviewed early. A lease should be clear enough to be followed in practice. Notices should be prepared carefully. Expectations about payment, upkeep, and use of the property should be documented in a way that reduces confusion later on.
Landlord Rights and Tenant Rights
Both landlords and tenants have important rights and obligations. Depending on the situation, the issue may involve non-payment, unsafe living conditions, property damage, or disagreement over the condition of the premises at move-out. Sometimes the most useful first step is simply to understand where each side stands.
Eviction Notices and Court Papers
If you have been served with a Landlord and Tenant Writ, it is important to act quickly. That means the court eviction process has begun, and the timeline can move fast. A prompt conversation with an attorney can help you understand what papers to gather, what deadlines may apply, and how best to respond.
It is also important to understand the difference between an eviction notice and a court order for possession. In a typical New Hampshire landlord-tenant case under RSA 540, an eviction notice by itself does not give a landlord the right to remove a tenant from the property. As a general rule, a tenant is not lawfully removed unless the court process results in a Writ of Possession that is served by the sheriff after the required judicial process. A landlord generally may not simply change the locks, remove belongings, or cut off access because an eviction notice has been served.
Trying to organize a landlord tenant matter? Our Landlord Tenant Preparation Checklist can help you gather the lease, notices, payment records, and other basic information before contacting the office.
Related Property and Business Concerns
This work can overlap with our Real Estate Transactions practice, especially where ownership, transfers, or recorded documents are part of the background. It can also connect with Business Law when the property is tied to a small business or family-owned entity.
If a landlord-tenant case has produced a judgment or reviewable order, our New Hampshire civil appeals practice can evaluate potential issues for appeal or a response to an appeal.
In a smaller community, landlord tenant matters often affect ongoing relationships as well as property rights. Early, practical advice can sometimes keep a manageable problem from becoming a much larger one. From Peterborough, our office regularly assists landlords and tenants from Hancock, Jaffrey, Rindge, Wilton, Dublin, Marlborough, Harrisville, Keene, Milford, Greenfield, Greenville, and nearby communities.
Work with the attorneys who handle this area
Related services
Real Estate Transactions
Legal help with real estate transactions, deeds, purchase and sale agreements, title questions, and trust or estate-related property transfers.
Business Law
Guidance on business formation, LLC and corporate structure, day-to-day business representation, and succession planning for closely held companies.
Common questions
Practical answers to common questions
Is an eviction notice the same as a court order?
No. An eviction notice is not the same thing as a court order giving possession back to the landlord. A notice may be an important step in the process, but it does not by itself allow a landlord to remove a tenant from the property.
In New Hampshire, a landlord generally needs to follow the court process before a tenant can be lawfully removed. If you are a landlord or tenant trying to understand where things stand, our Landlord Tenant Issues page explains the kind of matters the office reviews.
Can a landlord change the locks after serving an eviction notice?
A landlord generally should not change the locks merely because an eviction notice has been served. An eviction notice is not the same thing as a court order, and self-help removal can create serious legal problems.
If the matter proceeds through court and the landlord obtains the proper order for possession, removal is handled through the lawful process. Landlords and tenants should get advice before taking action that affects access to the property. This is a common issue in Landlord Tenant Issues matters.
What should a landlord do before filing an eviction case?
A landlord should gather the lease or rental agreement, payment history, notices, communications, photographs if relevant, repair records, and any other documents that explain the problem. It is also important to confirm what notice was required and whether it was properly served.
Filing before the paperwork is in order can create delay or weaken the case. A Landlord Tenant Issues consultation can help review the documents, the grounds for the case, and whether any practical resolution should be attempted before filing.
What should a tenant do after receiving an eviction notice?
A tenant should read the notice carefully, save the envelope or proof of delivery if available, gather the lease, payment records, communications, photographs, and any repair or condition records, and avoid ignoring later court papers.
An eviction notice does not always mean the tenant must leave immediately, but deadlines can move quickly once a court case begins. A tenant who wants to understand options should contact an attorney or other appropriate housing resource promptly. Our Landlord Tenant Issues work includes reviewing notices and court papers.
What happens at a New Hampshire eviction hearing?
At an eviction hearing, the court considers whether the landlord has met the requirements for possession and whether the tenant has defenses or other issues the court should hear. The exact hearing will depend on the reason for the eviction, the paperwork, and the facts.
Both sides should bring organized records, including the lease, notices, payment records, photographs, communications, and any relevant witnesses or documents. Because the process can move quickly, preparation matters. This is one reason landlords and tenants contact the office about Landlord Tenant Issues.
Can a landlord remove a tenant's belongings without a court order?
A landlord should not assume that belongings can be removed merely because a notice has been served or because the landlord believes the tenancy is over. Removing property without the proper legal authority can create significant risk.
The lawful process depends on the status of the tenancy, the court case, any order for possession, and the circumstances involving the property. Landlords and tenants should get advice before taking action with belongings or access to the unit. These questions fall within Landlord Tenant Issues.
When should a landlord or tenant contact an attorney?
It is often useful to contact an attorney when a notice has been served, court papers have arrived, a lockout or belongings issue is being discussed, a lease term is unclear, payment records are disputed, or the property condition is part of the conflict.
Early review can sometimes keep a manageable issue from becoming more expensive or urgent. The office can help clients understand documents, timelines, practical options, and next steps in Landlord Tenant Issues matters.
More questions about this area
We keep a broader set of practical questions organized by practice area, including landlord-tenant issues.
Peterborough office
Need help thinking through the next steps?
The Peterborough office can help you review the facts, the documents involved, and the practical options available in your situation.