If I own/occupy a single family home and rented 2 rooms with only an oral agreement but no rent has been paid yet, how do I legally get them out?

They moved in, without my knowledge 10 days before the official move in date. No rent has yet been paid. I realize that I made a horrible mistake and now need to get them out of my home.

Asked on June 26, 2012 under Real Estate Law, New Hampshire


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, if there is no written lease for a specific term then the law presumes that the oral lease is a month-to-month lease. In order to end the month-to-month lease that you have written about, you need to serve your tenants with a 30 day notice of termination of their lease dated and signed by you.

Keep a copy of the notice for yourself for future reference and need. If the tenants do not leave within the 30 day time period, you should consult with a landlord tenant attorney to assist you in bringing an unlawful detainer action against them.

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