603 Helps Tenant Reach a Settlement with His Landlord

By: Jeff Goodrich

Contract Attorney, 603 Legal Aid

Howard is a 73 year old man living alone in Central New Hampshire. When he fell behind with his rental payments his landlord served him with a demand for rent and an eviction notice. Not knowing what to do, Howard contacted 603 Legal Aid and spoke to a housing advocate.

The housing advocate learned that Howard had applied for and was accepted for rental assistance through his local community action program (CAP). Because his relationship with the landlord had deteriorated, the landlord refused to accept the offer of rent made by his CAP caseworker.

603's housing advocate informed Howard that under NH housing law, any rental payment or partial payment tendered by a tenant in the form of a written promise to pay on behalf of the tenant by any organization which disburses federal or state funds constitutes payment by the tenant of the amount represented in the voucher. 603 advised Howard that because the landlord refused to accept the offer of rent payment from CAP, Howard now had an affirmative defense to the eviction.

The court scheduled the parties for mediation even though Howard's landlord has refused to mediate in the past. 603 drafted a motion to dismiss the eviction and advised Howard to file it with the court and send a copy to the landlord.

After receiving the motion to dismiss, the landlord decided to negotiate a settlement with Howard. Howard later contacted 603 and related the following: “To my surprise, after getting that (motion to dismiss), he (the landlord) "softened up" as you had said! “It (the settlement) gives me the extra 2 weeks I needed to get out of here. Thank you again for all your help!”