Summary
In New Hampshire, when drafting a motion for reconsideration in an eviction appeal, its crucial to include a title, introduction, statement of facts, grounds for reconsideration, legal argument, and conclusion. If you were not served with a demand for rent, this is a significant point to highlight, supported by RSA 540:2 and RSA 540:3, which outline the necessity of a Notice to Quit and proper service procedures. Additionally, mention any procedural irregularities, such as changes in property management without proper filings. Ensure your document is well-formatted with standard fonts, margins, and spacing.Full Conversation
I need help writing a motion for reconsideration on a eviction appeal in NH
Hi ****! Here are some general steps to consider when writing a motion for reconsideration for an eviction appeal in New Hampshire:
*. Title and Introduction:
- Title: "Motion for Reconsideration"
- Introduction: Include your name, address, and case number.
*. Statement of Facts:
- Briefly summarize the original eviction case and the appeal.
*. Grounds for Reconsideration:
- Clearly state why you believe the decision should be reconsidered (e.g., new evidence, errors in law or fact).
*. Legal Argument:
- Support your grounds with legal precedents or statutes.
*. Conclusion:
- Request the court to grant the motion and provide any specific relief you seek.
*. Signature:
- Sign and date the motion.
Would you like more detailed information on any of these steps?
I was never served with a demand for rent
If you were never served with a demand for rent, this could be an important point in your motion for reconsideration. Here's how to incorporate it:
*. Grounds for Reconsideration:
- Clearly state that you were never served with a demand for rent, which is required by law.
*. Legal Argument:
- Cite New Hampshire's landlord-tenant laws that require proper notice and service of a rent demand before eviction proceedings can begin.
Would you like help finding specific statutes or examples to strengthen this point?
Yes
Case Rating: *
In New Hampshire, landlords must follow specific legal procedures for eviction, including serving a demand for rent. Here are some statutes that may be relevant:
- RSA *:*: Notice to Quit Required
- RSA *:*: Service of Notice
These statutes outline the requirements for eviction notices and proper service.
Would you like any more specific examples or details on citing these statutes in your motion?
Yes
Case Rating: *
When incorporating these statutes into your motion, you should cite them directly to emphasize the legal requirements that were not followed. Here's how you can do that:
*. Grounds for Reconsideration:
- State that you were never served with a demand for rent, which is required by law.
*. Legal Argument:
- Cite RSA *:* and RSA *:* to support your argument:
- RSA *:*: Outlines the necessity of a "Notice to Quit."
- RSA *:*: Details the proper procedures for serving this notice.
Would you like any further examples or assistance with drafting specific language for these sections?
Yes
Case Rating: *
To help you further, here is an example of how you can draft the specific language for these sections in your motion:
Grounds for Reconsideration:
- I was never served with a demand for rent, which is required by law for eviction proceedings.
Legal Argument:
- According to RSA *:*, a "Notice to Quit" is mandatory before eviction.
- RSA *:* specifies the proper service procedures for such notices, which were not followed in my case.
Would you like any more details or assistance with other parts of your motion?
Yes
Case Rating: *
It sounds like you have a solid basis for your motion for reconsideration due to the lack of proper notice. Would you need assistance with any other specific parts of your motion, such as the introduction, statement of facts, or conclusion?
Conclusion
Case Rating: *
For the conclusion of your motion for reconsideration, you might want to summarize your request and reiterate the key points. Here's an example:
Conclusion:
- In light of the fact that I was never served with a demand for rent as required by RSA *:* and RSA *:*, I respectfully request that the court reconsider its decision to grant the eviction. I ask for the eviction to be dismissed or for a new hearing to be scheduled.
Would you like help with any other sections or any specific formatting tips?
Introduction
Case Rating: *
For the introduction of your motion, you can follow this example:
Introduction:
- Name: **** [Your Last Name]
- Address: [Your Address]
- Case Number: [Your Case Number]
- Title: Motion for Reconsideration
Would you need further assistance with any other sections?
What would i write after the introduction
Case Rating: *
After the introduction, you would continue with the "Statement of Facts." Here's an example:
Statement of Facts:
- Briefly summarize the original eviction case and the appeal. Include key dates, details of the eviction notice, and the procedural history of the case.
Would you need assistance with drafting the "Statement of Facts"?
Yes
Case Rating: *
Statement of Facts:
- On [Date], I received an eviction notice from my landlord.
- I appealed the eviction decision on [Date].
- Despite the appeal, I was never served with a demand for rent as required by RSA *:* and RSA *:*.
- The eviction proceedings continued without this necessary notice.
Would you like help with any other parts, such as legal citations or specific formatting tips?
Formatting tips
Case Rating: *
Here are some formatting tips for your motion:
- Font and Size: Use a standard font like Times New Roman or Arial, in *-point size.
- Margins: Set *-inch margins on all sides.
- Spacing: Double-space the entire document.
- Headings: Use bold for section headings (e.g., "Introduction", "Statement of Facts").
- Numbered Paragraphs: Number each paragraph for clarity and reference.
- Page Numbers: Include page numbers at the bottom center.
If you need any more specific formatting guidelines or have other questions, feel free to ask!
Should i include that the property manager who had me served with the eviction was fired the day before court and the new property manager was there& went different direction than what the previous property manager& I agreed on. Also she never filed a withdrawal and the new one never filed a appearance.
Case Rating: *
Yes, you should include these details in your motion for reconsideration. Here's how you can incorporate them:
- Statement of Facts:
- Mention the change in property managers and the lack of withdrawal and appearance filings.
- Highlight the new direction taken by the new property manager.
These points can strengthen your argument by showing procedural irregularities.
Would you like help drafting this section?
Yes
Case Rating: *
Statement of Facts:
- On [Date], I received an eviction notice from my landlord.
- I appealed the eviction decision on [Date].
- Despite the appeal, I was never served with a demand for rent as required by RSA *:* and RSA *:*.
- The eviction proceedings continued without this necessary notice.
- The property manager who had me served with the eviction was fired the day before court.
- The new property manager attended the court and went in a different direction than what the previous property manager and I agreed on.
- The previous property manager never filed a withdrawal and the new property manager never filed an appearance.
Would you like assistance with any other sections or details?
No thank you
Case Rating: *
It looks like you have a well-structured argument for your motion. If you need further assistance down the line, feel free to reach out. Good luck with your case!
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