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Manyhorses

What happens after writ of possession is obtained?

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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.

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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.

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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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