🍁 New Hampshire Eviction Notice Laws

For non-payment of rent, New Hampshire requires a 7-Day Demand for Rent. The tenant has 7 days to pay all rent owed or vacate. Only after this 7-day period expires without payment can the landlord file in Circuit Court.

Notice Requirements:

• ✅ Must be in writing
• ✅ Must state the exact amount of rent owed
• ✅ Must demand possession of the premises
• ✅ Must give the tenant 7 days to pay or vacate
• ✅ Must be served by constable, sheriff, or certified mail
• ❌ Do not include late fees in the stated rent amount — rent only

For substantial lease violations, New Hampshire requires a 30-Day Notice to Quit. The tenant has 30 days to vacate. New Hampshire does not require the landlord to give the tenant an opportunity to cure lease violations — the 30-day notice is simply a notice to vacate.

Common violations include:

• 🔴 Unauthorized pets or occupants
• 🔴 Property damage beyond normal wear and tear
• 🔴 Nuisance behavior affecting other residents or neighbors
• 🔴 Illegal activity on the premises

To terminate a month-to-month tenancy without cause, New Hampshire requires 30 days’ written notice before the end of the rental period. The notice must be given at least 30 days before the next rent due date. No reason is required for most tenancies.

New Hampshire provides special protections for tenants who are age 60 or older or who have a qualifying disability. For no-cause terminations of tenancies held by protected tenants:

• 🔵 Extended notice periods may apply
• 🔵 The landlord may need to demonstrate a legitimate, non-discriminatory reason in some circumstances
• 🔵 Local housing courts may apply additional scrutiny to evictions of protected tenants

The most common defense in New Hampshire — landlord served the Demand personally instead of through a constable/sheriff or certified mail, used the wrong notice period, or stated the wrong amount. New Hampshire Circuit Court judges strictly enforce the official service requirement under RSA § 540:5. A technically defective Demand means the entire case is dismissed and you must start over.

If the tenant paid all rent owed in full before the 7-day Demand expired, the eviction cannot proceed. Maintain a detailed, dated rent ledger for every payment. Never accept partial payment once the eviction process has started without a written agreement explicitly reserving your right to proceed.

New Hampshire landlords must maintain rental properties in a safe and habitable condition. Significant code violations, failure to provide heat, or unaddressed maintenance issues can be raised as a defense and may result in rent withholding or abatement being permitted by the court. See our guide to New Hampshire habitability laws for your full maintenance obligations.

New Hampshire RSA § 540:13-a prohibits retaliatory evictions. If a tenant recently complained to a housing authority, requested repairs in writing, or exercised a legal right, and an eviction notice follows within a protected window, the court may find retaliation. Document the legitimate, non-retaliatory business reason for every eviction clearly before serving any notice.

Under RSA § 540:2(VI), tenants who are age 60 or older or who have a qualifying disability receive heightened protections against no-cause evictions in New Hampshire. If a protected tenant raises this defense, the court may require the landlord to demonstrate a legitimate reason for the eviction beyond a simple no-cause notice. Always verify your tenant’s protected status before proceeding with a no-cause termination.