New Hampshire Eviction Notice Laws: The Landlord and Tenant Guide
7-Day Notice to Quit · Demand for Rent · 30-Day Other Good Cause · Good-Cause Requirement · No Self-Help · Possessory Action
In New Hampshire, the eviction notice is step one, and a defective notice sinks the whole case. Before a landlord can file in court, the law requires the right written notice to quit, stating the reason with specificity, given for the right number of days — and, for most rental housing, resting on a statutory good cause. Choose the wrong ground, skip the demand for rent, miscount the days, or serve a notice that does not tell the tenant the reason, and the tenant can defeat the possessory action and force the landlord to start over. This guide walks the whole framework end to end — every notice type, how many days each needs, why good cause is required to evict restricted property, how to serve, what makes a notice valid, and what happens after — in plain English, with every rule tied to a concrete action.
The New Hampshire framework has one feature that sets it apart from a simple month-to-month state: for restricted property — most residential rentals that are not small owner-occupied buildings or single-family homes held by tiny landlords — there is no pure no-cause eviction. The landlord must fit the situation into one of the good-cause grounds in New Hampshire Revised Statutes Annotated section 540:2, and only then serve the matching notice. Because the grounds, the day-counts, and the pay-to-cure rules all trace to specific statutes, treat every figure in this guide as a starting point and verify the current statute before you serve or file anything.
Below, an overview video summarizes the New Hampshire framework; the sections that follow break down each piece — the notice types and their day-counts, the good-cause requirement, how to serve a notice, what makes a notice valid, the possessory action and writ of possession, retaliation and tenant defenses, local practice, a landlord playbook, and defensible-versus-fatal scenarios — plus a New Hampshire-specific FAQ.
New Hampshire Eviction Notices at a Glance
Nonpayment
7-day notice to quit plus demand for rent
Damage or Conduct
7-day notice to quit
Other Good Cause
30-day notice to quit
Good Cause
Required for restricted property
The Notice Is Step One — and It Can Sink the Case
Every New Hampshire eviction begins with a written notice to quit, and that notice is the single most common point of failure. The statute requires the notice to state with specificity the reason for the eviction, and for restricted property the reason must be one of the good-cause grounds the law recognizes. A notice that gives the wrong ground, omits the required pay-to-cure language in a nonpayment case, gives too few days, or fails to state the reason clearly gives the tenant a clean defense — the court can rule for the tenant, and the landlord has to start over from a fresh notice, losing weeks.
This is why the notice deserves more care than any other step. The rest of the process — filing the possessory action, the hearing, the writ — is largely mechanical once the notice is right. Get the notice wrong and none of it matters. Throughout this guide, the theme repeats: the exactness of the notice and the strength of the good-cause ground decide the case long before a judge ever reads the writ.
A nonpayment notice must tell the tenant how to cure
New Hampshire Revised Statutes Annotated section 540:3 requires that when the eviction is for nonpayment of rent, the notice inform the tenant of the right, if any, to avoid the eviction by paying the arrears in accordance with section 540:9. A nonpayment notice that omits this pay-to-cure language, or that is served without the accompanying demand for rent, is vulnerable. State the reason as nonpayment, make the demand for rent, and include the section 540:9 cure language so the tenant knows exactly how to keep the home.
Takeaway
In New Hampshire the notice is step one and the whole case rides on it. The notice must state the reason with specificity, rest on a recognized good cause for restricted property, and — for nonpayment — carry the pay-to-cure language of section 540:9. A defective notice is a complete defense that forces the landlord to start over.
The New Hampshire Eviction Notice Types
New Hampshire uses one instrument, the written notice to quit, but the required notice period turns on why the landlord wants the tenant out. For restricted property, the reason must be a good-cause ground in New Hampshire Revised Statutes Annotated section 540:2, and section 540:3 sets the days. Using a ground that does not fit, or the wrong number of days, is itself a fatal defect.
7-Day Notice to Quit and Demand for Rent (Nonpayment)
When a tenant neglects or refuses to pay rent due and in arrears, the landlord serves a seven-day notice to quit under section 540:2, II(a), together with a demand for rent under section 540:3. The demand for rent may be served at any time after the rent becomes due and at or before the eviction notice. The notice must state that the reason is nonpayment and must inform the tenant of the pay-to-cure right under section 540:9. If the tenant pays the arrears in time, the case ends — so the seven-day nonpayment notice is really a demand-and-cure notice, not an unconditional demand to leave.
7-Day Notice to Quit for Damage or Health-and-Safety Conduct
A seven-day notice to quit also applies to the more serious tenant-conduct grounds in section 540:2: substantial damage to the premises by the tenant, household members, or guests under subsection II(b); conduct that adversely affects the health or safety of other tenants or the landlord under subsection II(d); and a termination tied to a cotenant’s domestic violence, sexual assault, or stalking under subsection II(h). These grounds move quickly precisely because the harm is serious. The notice must still state the specific conduct with enough detail that the tenant understands the reason.
30-Day Notice to Quit (Failure to Comply and Other Good Cause)
For the remaining good-cause grounds on restricted property, the notice period is thirty days. These include a tenant’s failure to comply with a material term of the lease under section 540:2, II(c), and other good cause under subsection II(e). New Hampshire defines other good cause broadly: subsection V says it includes any legitimate business or economic reason and need not be based on anything the tenant did or failed to do. So a landlord who wants the unit back for a lawful business reason still may act — but only with a thirty-day notice, and only because the statute treats that reason as good cause.
Nonrestricted property can be ended without cause
If the unit is nonrestricted — an owner-occupied building of four or fewer units, a single-family home owned by a landlord who holds no more than three single-family units, or a bank-foreclosed single-family house under section 540:1-a — the landlord may terminate the tenancy without one of the section 540:2 good-cause grounds, giving a written notice to quit under section 540:3. Even then, the notice must be in writing and the landlord must still use the court process; self-help remains illegal. When in doubt about which category a unit falls in, assume restricted and require good cause.
Takeaway
The notice period follows the ground: a 7-day notice to quit plus demand for rent for nonpayment, a 7-day notice for substantial damage or health-and-safety conduct, and a 30-day notice for a material-term breach or other good cause on restricted property. For restricted property the reason must fit a section 540:2 good-cause ground; using a ground that does not fit is a fatal defect.
How Many Days Each Notice Requires
The day-count follows the good-cause ground. The serious tenant-conduct grounds get seven days; the remaining good-cause grounds get thirty. Use this table as the quick reference, then read the notes below it.
| Ground | Days required | Statute |
|---|---|---|
| Nonpayment of rent (after demand) | 7 days, with a demand for rent | New Hampshire Revised Statutes Annotated section 540:2, II(a); 540:3 |
| Substantial damage to the premises | 7 days | New Hampshire Revised Statutes Annotated section 540:2, II(b) |
| Conduct affecting health or safety | 7 days | New Hampshire Revised Statutes Annotated section 540:2, II(d) |
| Cotenant domestic violence / stalking | 7 days | New Hampshire Revised Statutes Annotated section 540:2, II(h) |
| Failure to comply with a material lease term | 30 days | New Hampshire Revised Statutes Annotated section 540:2, II(c) |
| Other good cause (business or economic reason) | 30 days | New Hampshire Revised Statutes Annotated section 540:2, II(e); V |
| Federally backed / subsidized dwelling | Often 30 days — verify CARES Act | Federal law layers on top of state law |
The demand for rent is a separate, required step for nonpayment
In a nonpayment case the seven-day notice to quit is not enough by itself. Section 540:3 says a demand for rent is sufficient if served on the tenant at any time after the rent becomes due and prior to or simultaneously with the eviction notice. Skip the demand, and the nonpayment eviction can fail. Serve the demand for rent, state the amount in arrears, and pair it with the seven-day notice that carries the section 540:9 cure language.
Count the full period before you file
Whether the notice is a seven-day or a thirty-day notice, the landlord may not bring the possessory action until the stated period has fully run. Filing even one day early hands the tenant a defense. Count from service, give the tenant the full number of days, and confirm the period has expired before you take the landlord and tenant writ to the circuit court.
Takeaway
The serious grounds — nonpayment, substantial damage, health-and-safety conduct, and a cotenant’s domestic violence — get seven days; a material-term breach and other good cause get thirty days. Nonpayment also needs a separate demand for rent, and a federally backed unit may need a thirty-day notice under the CARES Act. Never file before the period fully passes.
Good Cause Under Section 540:2
For most New Hampshire tenants, a landlord cannot simply end the tenancy at will. New Hampshire Revised Statutes Annotated section 540:2 imposes a good-cause requirement on restricted property: the landlord may terminate the tenancy only for one of the grounds the statute lists. There is no free-standing no-cause eviction of restricted property — the landlord must name a good cause, and it must genuinely fit.
Which Property Is Restricted
Under section 540:1-a, nonrestricted property — which the landlord may terminate without a statutory good cause — means owner-occupied buildings with four or fewer dwelling units, single-family homes owned by a landlord who holds no more than three single-family units, and single-family houses acquired by a bank through foreclosure. Everything else residential is restricted property and carries the good-cause protection. That sweeps in most apartment buildings and larger rental portfolios. Vacation and recreational rentals are handled separately under Chapter 540-C.
The Good-Cause Grounds
Section 540:2, paragraph II lists the good-cause grounds a landlord may use for restricted property: nonpayment of rent due and in arrears after a demand; substantial damage to the premises by the tenant, the tenant’s household, or guests; failure to comply with a material term of the lease; conduct that adversely affects the health or safety of other tenants or the landlord; certain lead-hazard abatement and infestation-remediation circumstances; a termination tied to a cotenant’s domestic violence, sexual assault, or stalking; and the catch-all, other good cause. If the situation does not fit one of these, the landlord may not evict restricted property.
“Other good cause” is broad but still a stated reason
Section 540:2, paragraph V says other good cause includes, but is not limited to, any legitimate business or economic reason, and need not be based on the tenant’s action or inaction. So a landlord who wants to take the unit off the market, use it differently, or make a legitimate business change generally has a lawful ground — but must still state that reason in a thirty-day notice to quit. Other good cause is a real category, not a loophole to skip the notice or the court process.
Takeaway
Under section 540:2, a landlord may end a tenancy of restricted property only on a listed good-cause ground — nonpayment, substantial damage, a material-term breach, health-and-safety conduct, certain lead and infestation situations, a cotenant’s domestic violence, or other good cause. Restricted property under section 540:1-a is most residential housing that is not a small owner-occupied building, a small-landlord single-family home, or a foreclosed single-family house.
How to Serve a Notice and Make a Demand for Rent
A notice that names the right ground still fails if the tenant is never properly given it, or, in a nonpayment case, if the demand for rent is missing. The notice to quit must be in writing and must state the reason with specificity. There is no valid “just tell them” or “just text it” option — an oral notice does not satisfy the statute.
| Step | How it works | When it matters |
|---|---|---|
| Written notice to quit | Deliver a written notice that states the good-cause reason with specificity and the number of days | Every eviction; the reason must fit a section 540:2 ground for restricted property |
| Demand for rent | Serve a demand stating the arrears, at any time after rent is due and at or before the notice | Required in a nonpayment case under section 540:3 |
| Pay-to-cure language | Tell the tenant of the right to avoid eviction by paying arrears under section 540:9 | Required in the notice for nonpayment |
| Proof of service | Record who delivered the notice, how, when, and where | Needed to prove the notice period ran if the tenant contests |
The order matters in a nonpayment case: the demand for rent and the seven-day notice go together, and the notice must carry the section 540:9 cure language. Landlords commonly deliver the notice in hand to the tenant or leave it at the tenant’s home, then keep a dated record of how service was accomplished. Because a defective or unprovable notice can sink the later possessory action, treat service as carefully as the content itself, and confirm the current practice with the circuit court.
Keep dated proof of the notice and the demand
Whoever serves the notice and the demand for rent should record who was served, how, when, and where. Without proof, the landlord may be unable to show the notice period ever started — and an unprovable notice is a losing one. A dated, witnessed delivery, or delivery by a neutral person followed by a written record, is the strongest foundation for the possessory action.
Takeaway
The notice to quit must be written and must state the reason with specificity. For nonpayment, pair it with a demand for rent and the section 540:9 cure language. An oral notice is not valid, and a notice that cannot be proven served is a losing one. Always keep dated proof of service.
What Makes a Notice Valid
Beyond picking the right ground and serving it properly, the notice’s content has to be right. A valid New Hampshire notice to quit is a written document — never oral — and generally includes the following.
| Required element | Why it matters |
|---|---|
| Tenant name(s) and property address | Identifies who is being noticed and which unit; a wrong name or address can undermine the notice |
| The specific reason (good cause) | Nonpayment, the specific damage, the material breach, or the specific health-and-safety conduct — stated with enough detail to respond, and fitting a section 540:2 ground for restricted property |
| The correct notice period | Seven days for the serious grounds, thirty days for a material-term breach or other good cause |
| Pay-to-cure language (nonpayment) | Notice of the right to avoid eviction by paying arrears under section 540:9, plus a demand for rent |
| Date and signature | The date of the notice and the signature of the landlord or authorized agent |
For a nonpayment notice, the pay-to-cure language is not optional boilerplate — section 540:3 requires the notice to inform the tenant of the right, if any, to cure under section 540:9, and a separate demand for rent must be made. For a material-breach notice, the breach must be described specifically enough that the tenant knows precisely what term was violated. A notice that merely says “you are evicted” without stating a specific, good-cause reason invites dismissal.
Takeaway
A valid notice is written, names the tenant and address, states the specific good-cause reason, gives the correct number of days, and — for nonpayment — carries the section 540:9 cure language plus a demand for rent. A vague reason, the wrong ground, or a missing demand can each defeat the notice.
After the Notice: The Possessory Action
If the notice period expires and the tenant has not paid, cured, or moved out, the landlord’s next — and only — lawful step is to file a possessory action, using a landlord and tenant writ. A landlord cannot skip this step, and cannot substitute self-help for it. The action is filed in the circuit court, district division, for the town where the property or a party is located.
File the landlord and tenant writ
After the notice period runs, the landlord files a landlord and tenant writ in the circuit court, district division, attaching the notice to quit and, for nonpayment, the demand for rent. The writ notifies the tenant that an eviction case has been filed.
Serve the writ on the tenant
The tenant is served with the writ and given a chance to respond. Proper service starts the tenant’s window to file an appearance and contest the case.
Tenant appears and contests, or defaults
If the tenant files an appearance, the court sets a hearing. If the tenant fails to appear, the court mails a notice of default to the address on the summons at least three days before issuing a writ of possession.
Hearing and written decision
At a contested hearing the landlord must prove the good-cause ground and a valid, served notice. In deciding any contested hearing, the court issues a written decision setting out the basis for its ruling.
Writ of possession and the sheriff
If the landlord prevails, the court issues a writ of possession, which the landlord takes to the sheriff. The sheriff — not the landlord — serves the writ, removes the tenant if necessary, and the landlord may then change the locks.
Only the sheriff can remove a tenant
A judgment for the landlord does not let the landlord change the locks personally. The court issues a writ of possession, which the landlord takes to the sheriff; the sheriff serves it and removes the tenant if the tenant has not left. The landlord takes possession only after the sheriff has executed the writ. Any shortcut around this is an illegal self-help eviction under Chapter 540-A.
Accepting rent during the case and the seven-day appeal
In a nonpayment case, while the possessory action is pending, the landlord may accept the arrearage without creating a new tenancy — but only if the landlord informs the tenant in writing of the intent to proceed with the eviction despite accepting the payment. After judgment, either party may appeal to the supreme court within seven days of the date the judgment was entered, and the district division keeps jurisdiction to collect rent while the appeal is pending. Watch these steps closely; a mishandled acceptance of rent can reset the case.
Takeaway
After the notice expires, the only lawful path is a possessory action in the circuit court, district division, filed with a landlord and tenant writ. If the landlord wins, the court issues a writ of possession that the sheriff executes — the landlord never removes a tenant personally — and either party may appeal within seven days.
Retaliation and Tenant Defenses
Even a landlord with a real ground can lose if the eviction runs into a tenant defense. Two categories matter most: retaliation, and the notice and good-cause defects this guide has stressed throughout.
Retaliation Is Presumed Within Six Months
Under New Hampshire Revised Statutes Annotated section 540:13-a, it is a defense to a possessory action against residential property that the action was in retaliation for the tenant reporting, in good faith, what the tenant reasonably believed to be a violation of Chapter 540-A or a substantial violation of a housing or health code — unless the tenant owes the equivalent of one week’s rent or more. Under section 540:13-b, if the landlord brings the action, raises the rent, or substantially alters the tenancy within six months after receiving notice of the tenant’s complaint, a rebuttable presumption of retaliation arises. A tenant who succeeds on this defense may be awarded up to three months’ rent in damages.
The Common Tenant Defenses
- No good cause. For restricted property, an eviction that does not fit a section 540:2 good-cause ground fails; a bare no-cause termination of restricted property is not allowed.
- Defective notice. The wrong number of days, a notice that does not state the reason with specificity, a missing pay-to-cure statement, or an oral notice — each is a defense.
- Missing demand for rent. In a nonpayment case, failing to serve the demand for rent under section 540:3 undermines the eviction.
- Payment or cure made in time. Paying all arrears plus fifteen dollars in costs under section 540:9, or curing a material breach in time, defeats the nonpayment or breach ground.
- Retaliation. An action within six months of a protected tenant complaint is presumed retaliatory under section 540:13-b, with damages up to three months’ rent.
- Discrimination. An eviction motivated by a protected class under fair-housing law is unlawful.
- Filed too early. Filing the possessory action before the seven or thirty-day period fully expired is grounds for dismissal.
Showing up is the tenant’s biggest lever
The fastest path to a landlord judgment is a tenant who never appears — a default. A tenant who files an appearance and shows up forces the landlord to prove the good-cause ground and a valid, served notice, and opens the door to all of these defenses. For landlords, the lesson is the mirror image: assume the tenant will appear and contest, and make sure the ground, the notice, and the demand are flawless.
Takeaway
An action within six months of a protected tenant complaint is presumed retaliatory under section 540:13-b, with damages up to three months’ rent, and no good cause, a defective notice, a missing demand for rent, timely payment or cure, and discrimination are all live defenses. The landlord’s best protection is a solid good-cause ground and a flawless, provable notice.
Local Practice and CARES Act Overlays
State law is the floor. New Hampshire evictions run through the circuit court’s district division statewide, so the core rules are uniform — but two overlays can change the notice a landlord must give, and skipping them is its own defect.
First, federally backed and subsidized housing. For a covered dwelling in a property with a federally backed mortgage or that participates in a federal housing program, the federal CARES Act notice-to-vacate provision has been read to require a thirty-day notice before a nonpayment eviction — longer than the state seven-day notice. Where the CARES Act applies, the longer federal notice controls. Second, subsidized-program rules, such as a Housing Choice Voucher tenancy, can add their own termination requirements on top of state law. Confirm whether the property is federally backed or subsidized before you rely on the seven-day period for nonpayment.
When a longer notice may apply, give it
A notice that satisfies the state seven-day rule can still fall short of a federal thirty-day requirement for a covered dwelling. Before serving a seven-day nonpayment notice, confirm whether the property is federally backed or part of a subsidized program. When in doubt, give the longer notice — a slightly slower eviction is far cheaper than a dismissed one.
Takeaway
New Hampshire evictions are uniform statewide through the circuit court district division, but CARES Act coverage and subsidized-program rules can require a longer, often thirty-day, notice for nonpayment. Where a federal or program rule is more protective, it controls — verify coverage before serving a seven-day notice.
No Self-Help: Lockouts Are Illegal
One rule admits no exceptions: in New Hampshire, a landlord may never remove a tenant by self-help, no matter how far behind the rent is or how egregious the conduct. Under New Hampshire Revised Statutes Annotated Chapter 540-A, section 540-A:3, a landlord may not willfully deny a tenant access to the rented premises other than through proper judicial process, and may not willfully cause the interruption or termination of any utility service — including water, heat, light, electricity, gas, telephone, or sewerage.
The penalties are steep and personal to the landlord. Under section 540-A:4, a landlord who violates these prohibitions is subject to the civil remedies of section 358-A:10, which award the tenant actual damages or one thousand dollars, whichever is greater, plus costs and reasonable attorney’s fees, and a willful violation can be doubled or trebled. Each day a violation continues after a court order is treated as a separate violation. A self-help lockout or utility shutoff can turn a routine, winnable eviction into a lawsuit the landlord loses — and pays for. The only lawful way to remove a tenant is the court process ending in a sheriff-executed writ of possession.
Takeaway
Self-help eviction is illegal under Chapter 540-A: no lock changes, no utility shutoffs, no denying access. A violator owes the tenant actual damages or one thousand dollars, whichever is greater, plus costs and attorney’s fees, with each day after a court order a separate violation. The only lawful removal is a sheriff-executed writ after a court judgment.
The New Hampshire Landlord Playbook
Put the whole framework into a repeatable sequence and an eviction becomes a disciplined, winnable process instead of a gamble. Follow these steps every time.
Confirm whether the unit is restricted, and find the good cause
Decide whether the property is restricted under section 540:1-a. If it is, identify a section 540:2 good-cause ground — nonpayment, substantial damage, a material breach, health-and-safety conduct, or other good cause. Using a ground that does not fit, or none at all, is a fatal defect.
Match the notice period to the ground
Use a seven-day notice for nonpayment, substantial damage, health-and-safety conduct, or a cotenant’s domestic violence; use a thirty-day notice for a material-term breach or other good cause. Check whether the CARES Act requires a longer notice for a federally backed unit.
Get the content exact and make the demand
State the tenant name, address, and the specific reason. For nonpayment, serve a demand for rent stating the arrears and include the section 540:9 pay-to-cure language in the notice. Date and sign it.
Serve, keep proof, and let the period run
Deliver the written notice, record how and when it was served, and wait the full seven or thirty days. Never file before the last day passes.
File the writ and let the sheriff execute
If the tenant does not pay, cure, or leave, file the landlord and tenant writ in the circuit court district division, prove the ground at any hearing, and let the sheriff execute any writ of possession. Never lock the tenant out yourself.
Need the notice itself?
A ready-to-fill notice keeps the required fields in place. For nonpayment, see our free New Hampshire 7-day notice to pay rent or quit form; for a curable breach, the notice to cure or quit; and for serious conduct, the unconditional quit notice. Always tailor the details to your unit, include the demand for rent and pay-to-cure language for nonpayment, and verify current law.
Defensible Versus Fatal: Common Scenarios
✓ Usually Defensible
- Exact nonpayment notice. A seven-day notice to quit that states nonpayment, carries the section 540:9 cure language, and is paired with a demand for rent stating the arrears.
- Specific damage or conduct notice. A seven-day notice naming the substantial damage or the health-and-safety conduct with concrete facts.
- Thirty-day other-good-cause notice. A thirty-day notice to a restricted-property tenant stating a legitimate business or economic reason under section 540:2, II(e).
- Sheriff-executed writ. Winning in the district division and letting the sheriff serve the writ of possession — never a personal lockout.
✕ Likely Fatal
- No good cause. A no-cause termination of restricted property, or a ground that does not fit any section 540:2 category.
- Missing demand or cure language. A nonpayment notice served without a demand for rent or without the section 540:9 pay-to-cure statement.
- Filed too early. Filing the writ before the seven or thirty-day period has fully run.
- Self-help lockout. Changing the locks or shutting off utilities — illegal under Chapter 540-A, with actual damages or one thousand dollars, plus fees.
The Best Eviction Is the One You Never File
Most eviction disputes trace back to a tenant who showed red flags before move-in. Comprehensive credit, income, and eviction-history reports catch prior evictions and payment problems before you ever sign a lease.
Frequently Asked Questions
How many days is a New Hampshire eviction notice?
It depends on the reason. For nonpayment of rent, a landlord serves a seven-day notice to quit together with a demand for rent under New Hampshire Revised Statutes Annotated sections 540:2 and 540:3. Seven days is also enough for substantial damage to the premises, for conduct that adversely affects the health or safety of other tenants or the landlord, and for a termination tied to a cotenant’s domestic violence, sexual assault, or stalking. For any other good cause on restricted property, such as a legitimate business or economic reason, the landlord must give a thirty-day notice to quit. Always verify current law before serving.
Does New Hampshire require good cause to evict?
Yes, for restricted property. Under New Hampshire Revised Statutes Annotated section 540:2, a landlord of restricted property may terminate a tenancy only for one of the good-cause grounds the statute lists, such as nonpayment of rent after a demand, substantial damage to the premises, failure to comply with a material lease term, conduct that adversely affects health or safety, or other good cause. There is no pure no-cause eviction of restricted property in New Hampshire. Restricted property is most residential rental housing that is not owner-occupied with four or fewer units, not a single-family home owned by a small landlord, and not a foreclosed single-family house. Confirm whether the unit is restricted before you act.
What is restricted property in New Hampshire?
Restricted property is residential rental housing that carries the good-cause protections of New Hampshire Revised Statutes Annotated section 540:2. Under section 540:1-a, nonrestricted property, which the landlord may terminate for any reason, means owner-occupied buildings with four or fewer dwelling units, single-family homes owned by a landlord who holds no more than three single-family units, and single-family houses acquired by a bank through foreclosure. Everything else residential, including most apartment buildings and larger portfolios, is restricted, and a restricted tenancy may be ended only on a statutory good-cause ground. Vacation and recreational rentals are handled separately under Chapter 540-C.
What is the seven-day demand for rent in New Hampshire?
When a tenant is behind on rent, the landlord serves a seven-day notice to quit and, at or before the same time, a demand for rent under New Hampshire Revised Statutes Annotated sections 540:2 and 540:3. The demand for rent tells the tenant the amount in arrears; the eviction notice must state with specificity that the reason is nonpayment and must inform the tenant of the right, if any, to avoid eviction by paying the arrears in accordance with section 540:9. If the notice omits that pay-to-cure language, or the demand is not made, the eviction can fail. The seven days run before the landlord may bring the possessory action.
Can a New Hampshire tenant stop a nonpayment eviction by paying?
Usually yes. Under New Hampshire Revised Statutes Annotated section 540:9, a tenant sued for nonpayment of rent can defeat the possessory action by paying or tendering all the rent then due and in arrears, plus fifteen dollars in liquidated damages and the landlord’s costs, before or at the time set. This pay-to-cure right, however, may not be used more than three times in a twelve-month period, so a tenant who has already used it three times in the prior year cannot rely on it again. A landlord who accepts arrears while the case is pending should give written notice of intent to proceed anyway, so the payment does not create a new tenancy.
How do you serve an eviction notice in New Hampshire?
The notice to quit must be in writing and must state with specificity the reason for the eviction, and, for nonpayment, must inform the tenant of the pay-to-cure right under New Hampshire Revised Statutes Annotated section 540:9. Landlords typically deliver the notice in hand to the tenant or leave it at the tenant’s home, and keep proof of how and when it was served. A demand for rent is served at or before the eviction notice in a nonpayment case. Because a defective or unprovable notice can sink the later possessory action, serve carefully and keep a dated record. Verify the current service practice with the circuit court before you rely on it.
Can a New Hampshire landlord change the locks or shut off utilities?
No. Self-help eviction is prohibited by New Hampshire Revised Statutes Annotated Chapter 540-A. Under section 540-A:3, a landlord may not willfully deny a tenant access to the rented premises other than through proper judicial process, and may not willfully cause the interruption or termination of any utility service, including water, heat, light, electricity, gas, telephone, or sewerage. A landlord who violates these prohibitions is subject under section 540-A:4 to the civil remedies of section 358-A:10, which award the tenant actual damages or one thousand dollars, whichever is greater, plus costs and attorney’s fees, with each day a violation continues after a court order treated as a separate violation. The only lawful removal is through the court.
Where is a New Hampshire eviction case filed?
After the notice period runs and the tenant has not paid, cured, or left, the landlord files a possessory action, using a landlord and tenant writ, in the circuit court, district division, for the town where the property or a party is located. The writ notifies the tenant of the case and gives a chance to respond. If the landlord prevails, the court issues a writ of possession, which the landlord takes to the sheriff to have the tenant removed. There is no lawful eviction in New Hampshire without this court process; a landlord may never remove a tenant personally.
Can a New Hampshire landlord evict in retaliation?
No. Under New Hampshire Revised Statutes Annotated section 540:13-a, it is a defense to a possessory action against residential property that the action was in retaliation for the tenant reporting, in good faith, what the tenant reasonably believed to be a violation of Chapter 540-A or a substantial violation of a housing or health code, unless the tenant owes the equivalent of one week’s rent or more. Under section 540:13-b, if the landlord brings the action within six months after receiving notice of the tenant’s complaint, a rebuttable presumption of retaliation arises. A tenant who succeeds on this defense may be awarded up to three months’ rent in damages.
What is a possessory action in New Hampshire?
A possessory action is the court lawsuit a New Hampshire landlord must file to recover possession after a notice to quit expires without the tenant paying, curing, or leaving. It is started with a landlord and tenant writ in the circuit court, district division, and served on the tenant, who may file an appearance and contest the case. If the tenant defaults or the landlord wins after a hearing, the court issues a written decision and, on the landlord’s side, a writ of possession that the sheriff executes. Either party may appeal to the supreme court within seven days of the judgment. There is no self-help alternative.
Does the CARES Act still affect New Hampshire eviction notices?
It can. For a covered dwelling in a property with a federally backed mortgage or that participates in a federal housing program, the federal CARES Act notice-to-vacate provision has been read to require a thirty-day notice before a nonpayment eviction, longer than the New Hampshire seven-day notice. Where the CARES Act applies, the longer federal notice controls. A landlord should confirm whether the property is federally backed or subsidized before relying on the state seven-day period for nonpayment. When in doubt, give the longer notice.
Can a New Hampshire landlord evict during a fixed-term lease?
Only for cause. During a fixed-term lease, a landlord of restricted property cannot end the tenancy early for a bare business reason; the landlord needs one of the tenant-conduct good-cause grounds, such as nonpayment after a demand, substantial damage, a material lease breach, or conduct affecting health or safety, and must serve the matching notice to quit. When the fixed term ends and the tenancy continues, the good-cause rules of New Hampshire Revised Statutes Annotated section 540:2 still govern any termination of a restricted-property tenancy. Verify the lease terms and the current statute before you act.
What is the safest way for a New Hampshire landlord to serve an eviction notice?
Pin down the good-cause ground first, then match the notice: a seven-day notice to quit with a demand for rent for nonpayment, a seven-day notice for substantial damage or health-and-safety conduct, and a thirty-day notice for other good cause on restricted property. State the reason with specificity, and for nonpayment include the pay-to-cure language pointing to New Hampshire Revised Statutes Annotated section 540:9. Serve the written notice, keep dated proof, and let the full period run before filing the possessory action. Never resort to a lockout or utility shutoff. A clean notice is the foundation of a winning possessory action.
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