SadTenantNH
New Member
- Jurisdiction
- New Hampshire
Hello,
I thought it would be wise to post my situation on some forums for advice before I confront my landlord about it.
My landlord entered my commercial unit with no grounds for an emergency (as well as a few other tenants in my section of the mill building). We all got notices of eviction. Subsequently, our units were immediately listed back online as available rent. My unit cost me $700/mo and they relisted it for $1000. I think fundamentally this is why he did this. To capitalize on a scarce commercial rental market.
I barely go to this unit any more, it's mostly just used as storage and a yoga studio for my girlfriend. The other day she went in to teach a lesson and found an eviction notice placed under our door and a bunch of our property moved around inside our unit.
I guess that morning the landlord had let himself in, unannounced and without any precedence to claim an emergency. I believe this was in violation of state law. That said my girlfriend had a space heater on to warm the place up before her lesson. This I will admit was inviolation of our lease, as you can see in the following provision:
8. UTILITIES AND SERVICE INTERRUPTION Lessor shall pay all utility service charges assessed against the demised premises excluding telephone and heat. No additional heating units may be used by tenants that have not been approved by the lessor . If the tenant installs a window air conditioner in the unit, it shall result in an annual fee of $100.00.
However, this was only found after what I think was an illegal entry was performed by my landlord. I'm not sure if the fruit of the poisonous tree doctrine applies here but it still seems shady. He had no way of knowing that she was operating that without an illegal entry.
What I'm deeply curious about is if he actually had the right to enter unannounced like this?
Our lease has the following provision:
12. LESSOR'S ACCESS Lessor or his agents may, at reasonable times, enter to view the leased premises and remove placards and signs not approved by Lessor, make repairs and alterations as Lessor should elect to do and show the leased premises to others; and, at any time within three (3) months before expirations of the term, affix to any suitable part of the premises a notice for letting or selling the leased premises or the building and keep the same so affixed without hindrance.
My research has led me to the following conclusion. If a lease agreement conflicts with RSA 540-B: Commercial Landlord and Tenant Act in New Hampshire, the provisions of the lease agreement will generally control.
However, a lease agreement cannot waive or limit any of the tenant's rights that are protected by law, including those established by RSA 540-B. In such cases, the provisions of RSA 540-B will still apply, and the conflicting provisions of the lease agreement will be considered void and unenforceable.
Under RSA 540-B: Commercial Landlord and Tenant Act in New Hampshire, the landlord must give reasonable notice to the tenant before entering the commercial premises, except in cases of emergency. The notice must state the date, time, and purpose of the entry.
Is my interpretation of the law correct?
Do I have any legal grounds to contest this eviction based on his illegal entry?
I have more follow up questions and details, but I think this is a good first step to see if it's worth the effort or cost to hire an attorney.
Thanks!
I thought it would be wise to post my situation on some forums for advice before I confront my landlord about it.
My landlord entered my commercial unit with no grounds for an emergency (as well as a few other tenants in my section of the mill building). We all got notices of eviction. Subsequently, our units were immediately listed back online as available rent. My unit cost me $700/mo and they relisted it for $1000. I think fundamentally this is why he did this. To capitalize on a scarce commercial rental market.
I barely go to this unit any more, it's mostly just used as storage and a yoga studio for my girlfriend. The other day she went in to teach a lesson and found an eviction notice placed under our door and a bunch of our property moved around inside our unit.
I guess that morning the landlord had let himself in, unannounced and without any precedence to claim an emergency. I believe this was in violation of state law. That said my girlfriend had a space heater on to warm the place up before her lesson. This I will admit was inviolation of our lease, as you can see in the following provision:
8. UTILITIES AND SERVICE INTERRUPTION Lessor shall pay all utility service charges assessed against the demised premises excluding telephone and heat. No additional heating units may be used by tenants that have not been approved by the lessor . If the tenant installs a window air conditioner in the unit, it shall result in an annual fee of $100.00.
However, this was only found after what I think was an illegal entry was performed by my landlord. I'm not sure if the fruit of the poisonous tree doctrine applies here but it still seems shady. He had no way of knowing that she was operating that without an illegal entry.
What I'm deeply curious about is if he actually had the right to enter unannounced like this?
Our lease has the following provision:
12. LESSOR'S ACCESS Lessor or his agents may, at reasonable times, enter to view the leased premises and remove placards and signs not approved by Lessor, make repairs and alterations as Lessor should elect to do and show the leased premises to others; and, at any time within three (3) months before expirations of the term, affix to any suitable part of the premises a notice for letting or selling the leased premises or the building and keep the same so affixed without hindrance.
My research has led me to the following conclusion. If a lease agreement conflicts with RSA 540-B: Commercial Landlord and Tenant Act in New Hampshire, the provisions of the lease agreement will generally control.
However, a lease agreement cannot waive or limit any of the tenant's rights that are protected by law, including those established by RSA 540-B. In such cases, the provisions of RSA 540-B will still apply, and the conflicting provisions of the lease agreement will be considered void and unenforceable.
Under RSA 540-B: Commercial Landlord and Tenant Act in New Hampshire, the landlord must give reasonable notice to the tenant before entering the commercial premises, except in cases of emergency. The notice must state the date, time, and purpose of the entry.
Is my interpretation of the law correct?
Do I have any legal grounds to contest this eviction based on his illegal entry?
I have more follow up questions and details, but I think this is a good first step to see if it's worth the effort or cost to hire an attorney.
Thanks!
