Can a landlord evict for more than what you actually owe,demand you be out in 6 days and then sue in court for less than what you were evicted for?

Asked on August 31, 2012 under Real Estate Law, New Hampshire


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

1) Monetarily, you can only legally be evicted for the actual amount you owe the landlord--he/she cannot inflate that amount to evict you. You can, of course, also be evicted for certain non-monetary reasons, like destroying the landlord's property or violating the lease.

2) If you are being evicted for nonpayment, the landlord does not need to provide you any notice--he can immediately bring an eviciton action against you.

3) If you owe the landlord money, he can sue you for that amount or for any lesser  amount--just not more than you actually owe.

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