Can I serve my tenant an eviction notice today after also serving her a notice to quit today?

I served a notarized notice to quit to my tenant today for non-payment of rent/security. Can I serve her with an eviction notice tomorrow? Does the eviction notice have to give her 30 days? And can I serve it to her myself or do I have to have the Sheriff’s department deliver it?

Asked on October 14, 2011 under Real Estate Law, New Hampshire

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whenever a landlord is having an issue with a tenant, it is always best for the landlord with respect to the serving of notices upon the tenant to have a third person over the age of 18 to do it instead of the landlord.

With respect to a notice to pay or quit, it is usually best to first serve the notice to pay or quit, and if the payment for past due rent is not made in the set period of statutory time, the landlord files the unlawful detainer action. Once the unlawful detainer action is filed, there is no need for an eviction notice assuming the pay or quit notice has been properly done.

If you do not want the tenant to remain and if the time under the pay accrued rent or quit has passed, all you need to do is file an unlawful detainer action. I recommend that you consult with a landlord tenant attorney to assist you in your matter.


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