Can a landlord refuse to renew a lease in New Hampshire?

It depends on the property. For nonrestricted property under RSA 540:1-a, I - nonresidential property, a single-family house where the owner does not own more than 3 single-family houses at any one time, a rental unit in an owner-occupied building of 4 dwelling units or fewer, or a single-family house acquired by a bank or other mortgagee through foreclosure - RSA 540:2, I permits termination of any tenancy by written notice with no reason required. For restricted property, RSA 540:2, II permits termination only for one of nine listed reasons. Since July 1, 2026 one of those reasons is the expiration of a lease of 12 months or longer, but only where the landlord gave written notice at least 60 days in advance of the termination date of the lease term and files the possessory action within 6 months of expiry.

How much notice must a New Hampshire landlord give to end a tenancy?

RSA 540:3, II provides that for all residential tenancies 30 days notice is sufficient in all cases, except that 7 days is sufficient where the reason is one of RSA 540:2, II(a) nonpayment, (b) substantial damage, (d) behavior adversely affecting health or safety, or (h) a remaining accused perpetrator under RSA 540:11-b. Separately and in addition, the expiry ground in RSA 540:2, II(i) requires a written non-renewal notice at least 60 days before the lease term ends. The 60 days and the 30 days are different notices at different stages, not alternatives.

Is lease expiration good cause for eviction in New Hampshire?

It is now, on conditions. RSA 540:2, II(i), added by 2025 New Hampshire Laws chapter 263 and effective July 1, 2026, makes the expiration of the term of a lease a ground where the original term is 12 months or longer, or a shorter term has been renewed for a total period of 12 months or longer, provided the landlord provided the tenant with written notice at least 60 days in advance of the termination date of the lease term that the lease will not be renewed and that the tenant must vacate the rental property at the end of the lease term, and provided the landlord files a possessory action within 6 months of the lease expiring. Before July 1, 2026 expiry alone was not good cause for restricted property.

Does the 60-day notice replace the 30-day eviction notice in New Hampshire?

No. RSA 540:3 was not amended by the 2025 act, and the expiry ground is not on the 7-day list in RSA 540:3, II, so it carries the ordinary 30-day residential eviction notice. The 60-day notice under RSA 540:2, II(i)(1)(A) is a precondition of the ground existing; the 30-day eviction notice under RSA 540:3, II served in accordance with RSA 540:5 is the precondition of the possessory action. A landlord relying on the expiry ground serves both.

What counts as other good cause in New Hampshire?

RSA 540:2, V provides that other good cause includes, but is not limited to, any legitimate business or economic reason, and need not be based on the action or inaction of the tenant, members of the family, or guests. But RSA 540:2, III requires that where the other good cause is based on the tenant actions or inactions, the landlord must first have served written notice that such conduct would in future be grounds for eviction, under RSA 540:5 or by certified mail.

How is a New Hampshire eviction notice served?

RSA 540:5, I provides that the notice may be served by any person and may be served upon the tenant personally or left at his or her last and usual place of abode. Those are the only two residential methods. Certified mail applies to commercial rental property. There is no posting-plus-mailing sequence and no substituted-service tier, and email or text alone is not authorized. Proof of service is a true and attested copy of the notice with an affidavit of service, and the affidavit need not be sworn under oath.

Can the New Hampshire expiry ground be used on a month-to-month tenancy?

No. RSA 540:2, II(i) reaches a lease the original term of which is 12 months or longer, or a lease of less than 12 months that has been renewed for a total period of 12 months or longer. A periodic tenancy has no term that expires, so the ground does not apply to it. Ending a restricted-property month-to-month tenancy requires one of the other grounds in RSA 540:2, II, most often other good cause under II(e).

Does a New Hampshire no-fault non-renewal show up as an eviction on a screening report?

RSA 540:2, VIII, effective July 1, 2026, provides that a no-fault termination of tenancy is not to be considered an eviction for the purposes of rental applications and tenant screening reports by the lessor or the lessee, defines no-fault termination as any termination under RSA 540:2, II(i), and directs the court to note in the court documentation that the termination was at no fault of the tenant. It does not limit a landlord ability to perform due diligence inquiries regarding a prospective tenant.

What is the penalty for an illegal lockout in New Hampshire?

RSA 540-A:3, II prohibits a landlord from willfully seizing, holding or otherwise denying a tenant access to and possession of the premises other than through proper judicial process. RSA 540-A:4, IX(a) applies the civil remedies in RSA 358-A:10, which provide actual damages or $1,000, whichever is greater, and for a willful or knowing violation as much as 3 times but not less than 2 times that amount, plus costs and reasonable attorney fees. RSA 540-A:4, IX(e) sets a floor of not less than $3,000 where the landlord has re-let the premises, and each day a violation continues after a temporary order is a separate violation.

Can a New Hampshire landlord non-renew after a tenant complains about conditions?

It is risky. RSA 540:13-b creates a rebuttable presumption of retaliation where a possessory action, a rent increase or a substantial alteration in the terms of the tenancy is instituted within 6 months after the landlord received notice of a violation, completed repairs, received notice of an RSA 540-A action, or discovered tenant activity protected by RSA 540:13-a, III. RSA 540:2, II(i)(2) expressly preserves the retaliation defense against the new expiry ground. The defense is not available where the tenant owes the landlord the equivalent of one week rent or more.

Which court hears a New Hampshire possessory action and how fast is it?

The possessory action is brought under RSA 540:12. Under RSA 540:13 the writ of summons is returnable 7 days from the date of service of the writ by the sheriff, the tenant must file an appearance no later than the return day, and a hearing is scheduled within 10 days of the appearance with notice mailed no fewer than 6 days beforehand. On a default the court mails notice at least 3 days before the writ of possession issues. Any money judgment in the possessory action is capped at $1,500, and a written decision is required in a contested hearing.

What happens if the landlord files more than six months after the lease expired?

The expiry ground is lost. RSA 540:2, II(i)(1)(B) conditions the ground on the landlord having filed a possessory action within 6 months of the lease expiring. The tenancy does not end by itself, and the landlord who has passed the deadline is back to the other eight grounds in RSA 540:2, II, each of which requires its own facts and its own RSA 540:3 notice period.

Can a New Hampshire lease shorten the statutory notice period?

No. A lease provision purporting to authorise less than the RSA 540:3 minimum is ineffective as to that provision and the statutory period still applies. A lease may require the landlord to give more notice than the statute, and such a clause is enforceable as a contract term. A tenant may agree at the time to leave sooner, which is a settlement rather than a prospective waiver.

Which New Hampshire rentals are outside RSA 540 entirely?

RSA 540:1-a, IV lists them: rooms in rooming or boarding houses rented to transient guests for fewer than 90 consecutive days with the statutory written statement; rooms in hotels, motels, inns, tourist homes and other dwellings rented for recreational or vacation use; rooms in student dormitories, nursing homes, hospitals, facilities licensed under RSA 151 or certified under RSA 126-A, convents, monasteries, asylums and group homes; a single-family home in which the occupant has no lease and which is the owner’s primary and usual residence; residential real estate under RSA 540-B; vacation or recreational rental units under RSA 540-C; units leased by a member of a fraternal or social organisation providing student housing; and caregiver occupancies with a written agreement, not less than 72 hours written notice to vacate and payment of money due.

Do I need to give a reason for a New Hampshire non-renewal?

For restricted property, yes, and RSA 540:3, III requires the eviction notice to state the reason with specificity. Naming a subparagraph is not enough; the facts, dates and lease provisions relied on belong in the notice. For nonrestricted property RSA 540:2, I requires no reason, but retaliation under RSA 540:13-a and 540:13-b and fair-housing law apply regardless.

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Free New Hampshire Notice of Non-Renewal

New Hampshire is a good-cause state for restricted property. RSA 540:2, II lets a landlord end such a tenancy only for a listed reason. Since 1 July 2026 the expiry of a 12-month-or-longer lease is one of those reasons — but only with at least 60 days written notice and a possessory action filed within 6 months. This generator determines the property type first, then builds the right instrument.

New Hampshire Non-Renewal RSA 540:2 Good cause required Free PDF

By Tenant Screening Background Check Editorial Team Authority RSA 540:1-a, 540:2, 540:3, 540:5 Updated 2026

Direct answer: whether a New Hampshire landlord may decline to renew depends entirely on one prior question — is the property restricted or nonrestricted? RSA 540:1-a defines nonrestricted property as all real property rented for nonresidential purposes plus three residential categories: single-family houses where the owner does not own more than 3 single-family houses at any one time; rental units in an owner-occupied building containing a total of 4 dwelling units or fewer; and single-family houses acquired by banks or other mortgagees through foreclosure. Restricted property is everything else rented for residential purposes. For nonrestricted property, RSA 540:2, I lets the owner terminate any tenancy by written notice, no reason required. For restricted property, RSA 540:2, II permits termination “but only for one of the following reasons” — and until 1 July 2026 the expiry of the lease term was not on that list. It is now: 2025 N.H. Laws ch. 263 (HB 60), approved 1 August 2025 and effective 1 July 2026, added RSA 540:2, II(i), which makes the expiration of a lease of 12 months or longer a ground, provided the landlord gave written notice at least 60 days in advance of the termination date of the lease term that the lease will not be renewed and that the tenant must vacate, and provided the landlord files a possessory action within 6 months of the lease expiring. That amendment is in force as this page is written. The form below determines the property type, refuses to assert that expiry alone ends a restricted tenancy, and builds either the 60-day non-renewal notice or the RSA 540:3 eviction notice that the facts actually call for.

Key takeaways

The property type is the whole ballgame. RSA 540:1-a, I lists what is nonrestricted; RSA 540:1-a, II makes everything else residential restricted. Most apartments, most multi-unit buildings whose owner does not live in them, and every single-family house owned by a landlord who holds four or more are restricted. Get this wrong and every number that follows is wrong.
Restricted property needs a listed reason. RSA 540:2, II sets out nine: neglect or refusal to pay rent due and in arrears upon demand; substantial damage; failure to comply with a material term of the lease; behaviour adversely affecting health or safety; other good cause; a lead exposure hazard the owner will abate in certain ways; wilful failure to prepare the unit for pest remediation; a remaining cotenant who is the accused perpetrator under RSA 540:11-b; and, since 1 July 2026, the expiration of a 12-month-or-longer lease.
The new ground is conditional, and both conditions bite. RSA 540:2, II(i)(1)(A) requires written notice at least 60 days in advance of the termination date of the lease term, stating that the lease will not be renewed and that the tenant must vacate at the end of the term. RSA 540:2, II(i)(1)(B) requires the possessory action to be filed within 6 months of the lease expiring. Miss either and the ground is unavailable.
Sixty days is not a substitute for the eviction notice. RSA 540:3 was not amended by ch. 263. A residential eviction notice is 30 days in all cases except the grounds in RSA 540:2, II(a), (b), (d) and (h), which take 7 days. The new expiry ground is not on the 7-day list, so it carries 30 days. A II(i) case therefore involves two notices, not one.
“Other good cause” is broader than fault. RSA 540:2, V provides that other good cause “includes, but is not limited to, any legitimate business or economic reason and need not be based on the action or inaction of the tenant.” But RSA 540:2, III adds a trap: where the other good cause is based on the tenant’s actions or inactions, the landlord must first have served a written warning that such conduct would in future be grounds for eviction.
Service is short and strict. RSA 540:5, I permits service by any person, on the tenant personally or left at his or her last and usual place of abode. There is no posting tier, no substituted-service ladder and no mailing step for a residential tenancy; certified mail belongs to commercial property. Proof is a true and attested copy with an affidavit of service, and the affidavit need not be sworn under oath.
A no-fault termination is not an eviction on the tenant’s record. The same 2025 act added RSA 540:2, VIII: a termination under II(i) is not to be treated as an eviction for rental applications and tenant screening reports, and the court is to note in the file that the termination was at no fault of the tenant.

Generate Your New Hampshire Notice of Non-Renewal

Answer the property question first — everything downstream depends on it. If the property is nonrestricted under RSA 540:1-a, I, the generator produces a no-cause eviction notice under RSA 540:2, I with the RSA 540:3, II period. If the property is restricted, the generator will not produce anything until you choose a ground from RSA 540:2, II, and it will never produce a document whose operative sentence is that the lease has ended. Choosing the new expiry ground unlocks the 60-day non-renewal notice and computes both the last lawful day to serve it and the last day to file the possessory action.

1. Property type — RSA 540:1-a

Which description fits this rental? This determines whether good cause is required.

2. Ground — restricted property only, RSA 540:2, II

Reason for terminating the tenancy. Required for restricted property; leave blank for nonrestricted.

If the ground is “other good cause”, what is it based on? — RSA 540:2, III and V

Facts relied on — RSA 540:3, III requires the reason to be stated with specificity

Amount of rent due and in arrears, if the ground is nonpayment — RSA 540:2, II(a) and 540:9

3. Lease term and dates

Length of the tenancy agreement — the RSA 540:2, II(i) threshold

Termination date of the lease term — needed for the II(i) ground

Date this notice will be served

Date possession is demanded, for an eviction notice under RSA 540:3

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Choose the property type first. New Hampshire has no single non-renewal period — the property type decides whether a ground is needed at all, and the ground decides the number of days.

4. Tenant and rental unit

All tenant names, as they appear on the lease

Rental unit address, including unit number

City, state and ZIP

5. Landlord or agent

Landlord, owner or authorised agent

Landlord address for notices

Telephone

Email (optional)

6. Service — RSA 540:5

How this notice is being served

Name of the person making service — RSA 540:5, I allows any person

7. Certifications

For the RSA 540:2, II(i) ground: this notice is the written non-renewal notice served at least 60 days in advance of the termination date of the lease term For “other good cause” based on the tenant’s conduct: the prior written notice required by RSA 540:2, III has already been served, warning that such conduct would in future be grounds for eviction Proof of service will be a true and attested copy of this notice with an affidavit of service (RSA 540:5, I; the affidavit need not be sworn under oath) This notice is drafted to include the same information requested on the judicial branch eviction notice form (RSA 540:5, II) Include the RSA 540:2, VIII statement that a no-fault termination under II(i) is not an eviction for rental applications and tenant screening reports

Watch: New Hampshire non-renewal and RSA 540:2 explained

New Hampshire notice of non-renewal overview

▶ Watch overview

New Hampshire Non-Renewal at a Glance

Restricted property

Ground required — RSA 540:2, II

Nonrestricted property

No cause — RSA 540:2, I

Eviction notice

30 days, or 7 for II(a)(b)(d)(h)

Expiry ground since 1 Jul 2026

60 days · 12-month lease · file in 6

The number everyone gets wrong. “New Hampshire is a 30-day state” is half a sentence. Thirty days is the RSA 540:3, II eviction-notice period, and it applies onl