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What happens after writ of possession is obtained?


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#1 Manyhorses

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Posted 05 September 2013 - 09:28 PM

In the state of NH after an eviction notice is served and default is granted, writ of possession is filed.  This all has occured and the tenants are no longer living in the apartment and haven't been for a little over a month now.  They still receive mail at the apartment's address and have left quite a few possessions in the apartment.  What is NH law about getting rid of the stuff they left behind.  I know the writ states I can now change the locks but I can't rent out the place again until I clean out their remaining stuff.  Does the sheriff have to come collect their stuff or can I just put it out on the roadside for any one to pick up.  Also what about valuable stuff they left behind like a chest freezer, computer, bed, dresser, and refrigerator, can I resell this to recoup my losses.



#2 Fallen

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Posted 06 September 2013 - 07:28 AM

I'd like to think you'd discuss with a local NH real estate attorney if you've been unable to locate relevant statutes.  Typically, there's a protocol to be followed if the tenants abandon the property while owing rent (you don't say whether you have a judgment against them for $) and when a landlord can deem the property abandoned.  

Just because a writ has (perhaps) been issued doesn't mean the sheriff automatically shows up.  Have you discussed with the sheriff what the protocol is ... whether you as landlord are obligated to pay for movers to put the stuff out on the street under the sheriff's supervision?

 

If the property is worth something, I wouldn't put it out on street without it being part of the writ being executed or having clear guidance with regard to statutes on NH timeline when you may deem the place abandoned by tenants (again, owing rent). 

I suggest that you discuss with a local real estate attorney; I don't know of any NH attorneys who visit these boards, real estate or otherwise.


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#3 Guest_FindLaw_Amir_*

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Posted 06 September 2013 - 08:56 AM

I agree with the previous poster, this is an issue you may want to discuss with a local New Hampshire Landlord-Tenant Lawyer to address your concerns and to advise you on how to proceed. You may also wish to visit the Real Estate Law Center and read Landlord Tenant Law as a good resource.



#4 Manyhorses

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Posted 06 September 2013 - 10:28 PM

Thank You I will contact an attorney as I did when I had them arrested.  Yes there are monies owed as stated in the writ of possession and no I haven't contacted the sheriff's dept and now I will. 






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