Client Success Story: Overcoming Multiple Evictions and Planning for a Brighter Future
Keith, a 55-year-old man living alone in an apartment in Rochester, faced a challenging year with not one, but three eviction hearings. Thanks to the dedicated support of 603 Legal Aid (603LA), Keith successfully fought back against two evictions. But his third eviction hearing in August 2023 would test his resolve.
Keith’s third eviction hearing took place on August 29th. Unfortunately, Keith couldn’t connect with 603LA until August 30th. Keith said his landlord had won the eviction with a 31-day eviction notice that alleged Keith needed to go so the apartment could be converted into a condo and listed for sale.
During the post-eviction conversation with a very despondent Keith, 603LA discovered that the landlord’s 31-day eviction notice expired on a Sunday. According to New Hampshire law, weekends don’t count toward the expiration of eviction notices. 603LA explained that, in fact, the expiration date should be recognized as the preceding Friday—making the eviction notice legally defective, as it only provided Keith with 29 days' notice, not the 30 days required by law.
603LA prepared for Keith a motion to inform the court of the legal error and requested that the judge reconsider the decision. A few weeks later, Keith received the news: the judge had granted the motion and dismissed the eviction.
“I’m shocked that I still beat this eviction, even though I lost the hearing ,” Keith told 603LA. “I’m still kinda confused but happy as all Hell!”
603LA advised Keith to keep searching for a new unit before his landlord finally figures out how to do things correctly.
Unfortunately, Keith’s fourth eviction hearing on November 7th didn’t go as planned. Sick that day, he missed his court appearance and was found in default. 603LA helped Keith file a motion to strike the default, but the judge denied it. With just a few days left before a sheriff’s lockout, 603LA helped Keith stop the lockout with advice on how to appeal the judge’s decision. Keith’s deadline for submitting his appeal application with the New Hampshire Supreme Court – and keeping the sheriff at bay - was only days away.
Keith said his landlord, nervous that his irrepressible tenant might tie things up for months with an appeal, offered him a stay until February 25, 2025, in return for Keith withdrawing his appeal. 603LA had already advised Keith that his chances of having the Supreme Court take his case up on appeal were slim, so he readily accepted the landlord’s offer. They signed the agreement this morning and filed it at Rochester District Court.
Keith’s situation has since taken a positive turn. After reuniting with his adult son, the two have decided to pool their resources and find a new place together. Keith is confident they’ll resolve their housing situation well before the February 25th deadline.
In a final twist, Keith’s landlord—who is selling the apartment as a condo—offered to reduce the price if Keith was interested in purchasing it. 603LA connected Keith with the New Hampshire Housing Finance Authority (NHHFA) and suggested he explore their homeownership programs.
For Keith, the future looks brighter. Thanks to the support of 603 Legal Aid, he not only avoided eviction but also gained the opportunity to secure a stable home for himself and his son.