Hello,

I have a tenant that resides in a NH property. The tenant has paid rent on time but has unfortunately failed to maintain the heat in the unit. Currently delinquent +$1300 and the heat has been turned off by the utility company for failure to pay. I want this tenant to move out because it is placing the property at risk should a water pipe freeze and burst. The lease agreement I have in place expires April 30, 2008 but resets for a 12 month period beginning May 1, 2008. It is my belief that I have the right not to honor the May 1, 2008 agreement because it has not begun. Is this an accurate assumption? Can I give the tenant notice to move for failure to keep the heat on? I am concerned that without heat she places the property at risk for water damage should a water pipe freeze and burst. I look forward to your responses.

Thanks!

Talk to a attorney who knows NH landlord-tenant law AND provide him/her with a copy of your lease.

Does the lease specify that its an automatic renewal or a default renewal (if neither party cancels). I would think that there is a provision that says you can inform the tenant with due notice that you will not be renewing the lease and they need to vacate by 5/1. If you are unclear then you need to consutl an attorney to interpret the lease.

Even if the lease does renew, if the lease states the tenant is responsible for heating the place, you might have grounds to terminate the lease due to her breach of the terms of the lease.

Yes there is a big difference as Scott mentioned between a automatic renewal and a defaut renewal. One could be cancelled by either party, the other can only be cancelled by terms of the agreement.

And providing heat, is it a term in the contract, ** it is in all the ones I do, but unless you have it in there, you may find it is not grounds, esp now that it is spring

But as a landlord, it is well worth you time and trouble to pay an attorney to explain the lease you use, and perhaps to re-write a lease just for your use to cover all the terms you need.

Thanks for the responses. The current lease expires April 30, 2008. A new lease begins May 1, 2008. I am in good standing, because I can opt not to renew the May 1, 2008 lease agreement. The lease does not automatically reset, but was signed. The current lease expires and the new lease begins. So I have opted to cancel the new lease before it begins. With that said I have also given the tenant more than 30 days notice of my intentions not to renew the lease on April 30, 2008 and have requested that she vacate the premises.