Alfano Law Office, PLLC

Alfano Law Office, PLLC
Phone: (603) 856-8411 • Fax (603) 290-5521
4 Park Street, Concord, NH 03301
  • Home
  • Real Estate Law
    • Road Law
    • Commercial Real Estate Law
    • Tax Abatements
    • Business Law
  • Estate Planning
  • About Us
    • Paul J. Alfano, Real Estate Attorney
    • John F. Hayes, Attorney
    • Terrie Harman, Attorney
    • Jim Soucy, Attorney
    • Marissa Schuetz, Attorney
    • Michael D. Cameron, Attorney
    • Privacy Policy
  • Articles
  • Contact Us
    • Directions
  • Road Law Guide
  • NH Tax Abatement
    • Tax Abatement Team
    • Grounds for Abatement
    • Municipal Application
    • Owners of Properties Outside New Hampshire
    • Transfer Tax Allocation
    • Recent Laws and Rulings
  • Resources and Links
    • Allobar Strategies
    • Calendar and Key Dates
    • Equalization Ratio
    • NAPTA
  • Covid-19 Updates
You are here: Home / Covid-19 / Evictions in the Time of COVID-19

Evictions in the Time of COVID-19

There are two elements at play, restricting a landlord’s ability to evict a tenant at this time. The first are the governor’s Emergency Order #4 and #24. EO #4 prohibits any evictions to be started or enforced after March 17, 2020. EO #24 lightens the restrictions a little, by exempting proceedings that would be initiated because a tenant is causing substantial damage to the premises or is causing a substantial adverse impact on another tenant’s health or safety, a landlord can initiate evictions proceedings as usual. These orders are in effect for the duration of the State of Emergency, which is currently set to expire on April 24.

However, there is also a New Hampshire Supreme Court Order suspending all in-person court proceedings and restricting public access to all courthouses that is currently in effect until May 4, 2020. This Order will prevent an eviction from proceeding, unless a court schedules any hearing in the matter via teleconference or other electronic means. A landlord can still file a new case, but will not be able to proceed with a hearing and obtaining a Writ of Possession until after the Supreme Court Order is no longer in effect. The Order does allow for emergency relief filings, and in a matter of health or safety a landlord, or tenant, may be able to file an action under RSA 540-A:2 and obtain some relief in that manner.

Finally, there are federal restrictions on evictions under the CARES Act, the first of which prohibits any landlord receiving a federal rent subsidy, such as Section 8 vouchers, from evicting a tenant for reasons of non-payment of rent. This is currently in effect until July 25, 2020, at which time a landlord would then need to give a 30-day eviction notice to any such tenant before proceeding with any eviction action. This prohibition may even apply to tenants who are not directly receiving federal rent subsidy, but are living in a building where other tenants are receiving a subsidy. It is also possible that this section can apply to a building where the landlord’s mortgage is federally backed or insured. Landlords are also prohibited from evicting tenants for non-payment of rent while the landlord’s mortgage payments are in forbearance, for the entire duration of the forbearance. Once the forbearance period is over, the landlord needs to provide a 30-day eviction notice. These federal prohibitions are only applicable in cases where the cause of action is non-payment of rent. Any action for other causes would be subject to State restrictions.

Paul J. Alfano

You can reach Paul Alfano at paul@alfanolawoffice.com or (603) 226-1188.

Filed Under: Covid-19, General, Real Estate Law Tagged With: CARES Act Eviction, Covid 19 eviction, Emergency Order #24, Emergency Order #4, Eviction Law, New Hampshire Evictions

The above information is for informational purposes only and does not constitute legal advice.

Important Registry Updates
Important Court Updates

Subscribe to the Alfano Law Property Rights Alert

Sign Up Now

For Email Newsletters you can trust.
Allobar Strategies

NH Tax Abatement

  • Road Law Guide
  • NH Tax Abatement
    • Tax Abatement Team
    • Grounds for Abatement
    • Municipal Application
    • Owners of Properties Outside New Hampshire
    • Transfer Tax Allocation
    • Recent Laws and Rulings
  • Resources and Links
    • Allobar Strategies
    • Calendar and Key Dates
    • Equalization Ratio
    • NAPTA
  • Covid-19 Updates

NH Real Estate Law Articles

  • Court Updates
  • Covid-19
  • Estate Planning
  • General
  • Legislation
  • New Hampshire Property Tax Alerts
  • Property Investments
  • Property Tax Law
  • Real Estate Law
  • Road Law
  • Taxes

Recent News Letters

March 2020

December 2019

November 2019

October 2019

August 2019

July 2019

May 2019

Recent Articles

March 1 is the Deadline to Request a Refund of New Hampshire Property Taxes

March 1, 2021 is the deadline to challenge your 2020 real … [Read More...]

NHPVRTA SUBMITS DRAFT OF NEW BILL ON PRIVATE ROADS TO THE NH SENATE

New Hampshire Private Road Taxpayers Alliance (NHPVRTA) is a … [Read More...]

Understanding Commercial Site Planning in New Hampshire

Obtaining a rezoning of property to a commercial zoning … [Read More...]

Penn Central Regulatory Takings Claims in New Hampshire

State and local government entities have the ability to use … [Read More...]

Article Archives

  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • October 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • June 2016
  • April 2016
  • March 2016
  • January 2016
  • December 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • September 2014
  • August 2014
  • June 2013
  • February 2012
  • December 2011
  • May 2011
  • July 2010
  • December 2005
  • Facebook
  • LinkedIn
  • Twitter

Alfano Law Office, PLLC, 4 Park Street, Concord, NH 03301 USA | Phone: (603) 856-8411
Copyright © 2021 · Alfano Law Office, PLLC. All Rights Reserved · Website design by InterActive Synergy, LLC

Sign up to receive our FREE Road Law Guide

Everything you need to know about navigating public and private road laws in New Hampshire.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.