🏛️ Courthouse Information and Locations for New Hampshire
New Hampshire Eviction Laws: Notice Requirements, Process, and Timelines
New Hampshire handles evictions through District Court using “Possessory Actions” governed by RSA 540. The state requires a 7-day notice for nonpayment of rent and a 30-day notice for lease violations or no-cause terminations. New Hampshire is considered landlord-friendly with a relatively straightforward process, though certain cities like Manchester and Nashua may have busier court dockets. Below you’ll find the essential details for navigating New Hampshire evictions correctly.
New Hampshire Eviction Laws
Comprehensive guide to New Hampshire's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Circuit Court - District Division (Landlord-Tenant Writ under RSA 540).
⚡ Quick Overview
💰 Nonpayment of Rent
CRITICAL: Good cause required for residential evictions (RSA 540:2 II). Nonpayment is good cause. Must serve BOTH eviction notice AND demand for rent simultaneously. Eviction notice must state specific statutory reason with specificity. Demand for rent must state exact amounts owed. Tenant can cure by paying all arrearages + liquidated damages (if in lease) before hearing; after filing must also pay filing fee and service costs. Payment must be cash/certified check/money order/electronic transfer or written promise from government agency. NEW (effective July 1 2026): no-fault lease expiration eviction for leases 12+ months with 60-day advance notice (RSA 540:2 II(i)). Tenant refusing rent increase = good cause for eviction IF landlord gave 30-day written notice of increase (RSA 540:2 IV).
📋 Lease Violation
Good cause required (RSA 540:2 II). Specific statutory causes include: (a) nonpayment (7 days); (b) substantial damage (7 days); (c) behavior injurious to health/safety of others (7 days); (d) failure to comply with material lease terms (30 days); (e) other good cause including any legitimate business or economic reason (30 days); (f) DV/sexual assault/stalking by another tenant (7 days); (g) failure to prepare unit for insect/rodent remediation (30 days); (h) co-tenant as DV perpetrator when victim terminates lease (7 days). Notice must state statutory reason with specificity. 'Other good cause' (II(e)) is very broad - includes legitimate business reasons not based on tenant action. DV victims can terminate lease with 30-day notice without penalty.
📬 Service of Process
Landlord/agent serves eviction notice personally (not sheriff). Court Landlord-Tenant Writ served by sheriff/peace officer. Tenant must file Appearance by return date on writ or default judgment. Most hearings 2-3 weeks after notice served.
🏛️ Court & Legal Information
Free mediation before filing; tenant curing before hearing; continuances (up to 30 days); appeal to Superior Court
⚖️ Appeals & Post-Judgment
Sheriff executes writ; landlord may then change locks. Unauthorized occupants: 48-hour hearing available (RSA 540-A:4)
📦 Tenant Property & Abandonment
Landlord must exercise reasonable care in storage of personal property for 7 days after tenant vacates. Abandonment presumed if: 91+ days unpaid rent with landlord cooperating with assistance agencies; majority of personal property removed (RSA 540-A:4).
🏦 Security Deposits
30-day return with itemized deductions. Must hold in trust - remains tenant's money. Cannot commingle with personal funds (separate account allowed for all deposits). Interest must be paid annually if held 1+ year. Tenant has 5 days at move-in to provide written list of pre-existing defects. Violation of deposit rules = Consumer Protection Act violation; up to 2x deposit penalty. Exemption: owner-occupied buildings with 5 or fewer units.
💵 Late Fees
No state limit on late fees. Lease must include late fee clause or landlord cannot charge. No mandatory grace period. Rent due on date specified in lease.
🛡️ Tenant Protections
No rent control. No state preemption. Tenant refusal of rent increase = good cause for eviction with 30-day notice (RSA 540:2 IV). Landlord-friendly on rent increases.
🏙️ Local Overrides & City-Specific Rules
Limited local variations. Some municipalities have additional housing code requirements. RSA 540 applies statewide. NEW (eff. July 1 2026): no-fault lease expiration eviction with 60-day notice for 12+ month leases.
Underground Landlord📝 New Hampshire Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the Circuit Court - District Division (Landlord-Tenant Writ under RSA 540). Pay the filing fee (~$$125-175).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for New Hampshire
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Disclaimer: This is general educational information, not legal advice. Court procedures may vary. Consult a qualified New Hampshire attorney for specific legal advice.
Understanding New Hampshire’s Legal Framework
New Hampshire eviction law is found in RSA Chapter 540 (Actions Against Tenants) and RSA Chapter 540-A (Prohibited Practices and Security Deposits). The New Hampshire Judicial Branch provides forms and resources through the Circuit Court – District Division.
New Hampshire distinguishes between “restricted” and “non-restricted” properties:
- Restricted properties (most residential rentals): Landlords may only evict for “good cause” as defined by law
- Non-restricted properties (commercial, certain other types): Landlords may evict for any reason permitted under the lease that is not illegal
Self-help evictions are strictly prohibited. A landlord who unlawfully dispossesses or locks out a tenant faces damages of at least $3,000 (if the landlord has re-let the premises) plus costs and attorney’s fees (RSA 540-A:4).
Notice Requirements by Reason
Nonpayment of Rent: 7-Day Notice + Demand for Rent
For nonpayment of rent, landlords must serve both:
- 7-Day Eviction Notice stating the reason and the tenant’s right to cure
- Demand for Rent specifying the amount owed
The demand for rent can be served at any time after rent becomes due, either before or simultaneously with the eviction notice. (RSA 540:3, 540:5)
Lease Violations: 30-Day Notice
For violations of material lease terms, landlords must provide 30 days’ notice. The notice must state with specificity the reason for eviction. (RSA 540:3(II))
Substantial Damage or Health/Safety Threats: 7-Day Notice
A 7-day notice is permitted (instead of 30 days) when the tenant:
- Causes substantial damage to the premises
- Behaves in a way that adversely affects the health or safety of others on the property
- Fails to pay rent (RSA 540:2, II(a))
- Is a remaining cotenant who is the accused perpetrator of domestic violence (RSA 540:2, II(h))
These 7-day notices give no opportunity to cure.
Lease Expiration: 60-Day Notice (Effective July 1, 2026)
2025 Legislative Update (HB 60): For leases with an original term of 12 months or longer (or renewed for a total of 12+ months), lease expiration now constitutes “good cause” for eviction from restricted property, provided:
- Landlord gives 60 days’ written notice before lease termination
- Landlord files possessory action within 6 months of lease expiring
“No-fault termination of tenancy” under this provision will not be considered an eviction for tenant screening purposes. (RSA 540:2, II(i) – effective July 1, 2026)
The Tenant’s Right to Cure (RSA 540:9)
New Hampshire provides tenants a statutory right to stop eviction for nonpayment by paying before the hearing. To cure, the tenant must pay:
- All rent due and owing through the time of payment
- Other lawful charges contained in the lease
- $15 liquidated damages
- Landlord’s filing fee ($150) and service charges (if case already filed)
Payment must be made in cash, certified check, prepaid money order, electronic transfer, or other guaranteed funds. Important: Tenants may only use this cure right 3 times in any 12-month period.
If tenant pays before notice expires: Pay amount on notice + $15 liquidated damages.
If tenant pays after case filed but before hearing: Pay all rent owing + $15 + filing fee ($150) + service costs.
How to Serve Notice in New Hampshire
Service of the eviction notice and demand for rent must be documented. Proof of service requires a true and attested copy of the notice accompanied by an affidavit of service (the affidavit need not be sworn under oath). (RSA 540:5)
For residential property, acceptable service methods include:
- Personal delivery to the tenant
- Delivery at the tenant’s abode
For commercial property, service may also be made at the property with certified mail to the tenant’s last known address.
The landlord must complete the Certificate of Service section on court forms, recording the time and date notices were provided.
Filing the Possessory Action
If the tenant doesn’t cure or vacate, the landlord files a Landlord and Tenant Writ with the Circuit Court – District Division in the county where the property is located. (RSA 540:13)
Who may file: The owner, an attorney for the owner, or someone authorized in writing by the owner (with attached written authorization and Rule 1.3D Statement form).
Filing fee: $150
The writ allows the landlord to:
- Seek possession of the premises
- Make a claim for unpaid rent (optional)
Service of Summons and Appearance
After filing, the court issues a summons to be served on the tenant by the sheriff’s office. Sheriff service fee: $30 (RSA 104:31(I))
The summons includes:
- Notice that the landlord is entitled to possession
- A “return day” (7 days from service date)
- Information about the tenant’s right to file an appearance
- Warning that the landlord may obtain default judgment if no appearance is filed
The tenant must file an appearance by the return day (7 days from service) if they want to contest the eviction.
The Court Hearing
If the tenant files an appearance, a hearing is scheduled within 10 days. Both parties receive notice of the date and time at least 6 days before the hearing. (RSA 540:13)
If the tenant does NOT file an appearance:
- Court mails a notice of default to tenant
- 3 days after the default notice, court issues the writ of possession
At the hearing, landlords should bring:
- Original lease agreement
- Eviction notice and demand for rent with proof of service
- Complete rent ledger
- Photos or documentation of violations
- Any written communications with tenant
Judgment and Writ of Possession
The court issues a written decision setting forth the basis for its ruling. (RSA 540:13(VI))
If the landlord wins, the court issues a Writ of Possession authorizing the sheriff to remove the tenant. The sheriff executes the writ and physically removes the tenant if they don’t leave voluntarily.
Agreement to Stay Writ
The parties may agree to stay (delay) the writ of possession under certain conditions. If the tenant makes all payments as agreed, the case is dismissed. The court provides an Agreement to Stay Writ of Possession form (NHJB-2749-D) that complies with RSA 540:13-c, II.
Appeals
Either party may appeal:
- File notice of intent to appeal with Circuit Court within 7 days of decision
- File notice of appeal with NH Supreme Court within 30 days of decision
If a tenant appeals a nonpayment eviction, they must pay one week’s rent to the court when filing the appeal. (RSA 540:13)
Accepting Rent During Eviction
Unlike most states, New Hampshire allows landlords to accept rent during a pending possessory action without creating a new tenancy, provided the landlord informs the tenant in writing of the intention to proceed with eviction despite accepting payment. The landlord may also choose not to accept payment and proceed with eviction. (RSA 540:13(VII))
Domestic Violence Protections
New Hampshire provides significant protections for victims of domestic violence, sexual assault, and stalking (RSA 540:2, VII):
- Victims who have reported the crime or obtained a protective order cannot be evicted based on the crime
- The perpetrator may be evicted while allowing the victim’s tenancy to continue
- Landlords may change locks for victims with a valid protective order
- Victim information must be kept strictly confidential
Tenant Defenses Landlords Should Anticipate
- Improper notice: Wrong form, insufficient notice period, missing required information
- Retaliation: Eviction in response to tenant reporting violations or joining tenant organizations (RSA 540:13-a)
- Habitability: Landlord failed to maintain fitness for health and safety (RSA 540-A)
- Payment/cure: Tenant cured under RSA 540:9
- No good cause: For restricted properties, landlord lacks valid “good cause”
- Discrimination: Eviction based on protected class
Abandoned Property
Landlords must maintain and exercise reasonable care in storing a tenant’s personal property for 7 days after the tenant vacates (voluntarily or by eviction). During this period, the tenant may recover property without paying rent or storage fees. After 7 days, property may be disposed of without notice. (RSA 540-A:3, VII)
Typical Timeline
- Notice period: 7-30 days depending on reason
- Summons return day: 7 days from service
- Hearing (if contested): Within 10 days of appearance
- Default judgment (if no appearance): 3 days after default notice
- Total (uncontested): 2-4 weeks
- Total (contested): 4-8 weeks
Best Practices for New Hampshire Landlords
- Use court-approved forms from the NH Judicial Branch website
- Serve both eviction notice AND demand for rent for nonpayment cases
- Complete Certificate of Service section with date and time
- Understand the difference between 7-day and 30-day notice situations
- Include required language about tenant’s right to cure on nonpayment notices
- If accepting rent during eviction, provide written notice of intent to continue
- Keep detailed records: lease, notices, rent ledger, proof of service
- File in correct Circuit Court – District Division
- Never attempt self-help eviction—minimum $3,000 damages
- Be aware of domestic violence protections and confidentiality requirements
Quick Reference: New Hampshire Eviction Rules
- Nonpayment of rent: 7-day notice + demand for rent
- Lease violations: 30-day notice
- Substantial damage/health-safety threats: 7-day notice (no cure)
- Lease expiration (12+ month lease): 60-day notice (effective July 2026)
- Tenant cure payment: All rent + $15 liquidated damages + fees
- Cure limit: 3 times per 12-month period
- Filing fee: $150
- Sheriff service fee: $30
- Return day: 7 days from summons service
- Hearing: Within 10 days of appearance
- Appeal deadline: 7 days (intent) / 30 days (file)
- Abandoned property holding: 7 days
- Self-help eviction penalty: Minimum $3,000
- Governing law: RSA 540, RSA 540-A
Bottom line: New Hampshire’s eviction process requires strict compliance with notice requirements and distinguishes between restricted and non-restricted properties. The tenant’s statutory right to cure nonpayment (up to 3 times per year) is a significant protection landlords must understand. Use court-approved forms, serve both the eviction notice and demand for rent for nonpayment cases, and never attempt self-help eviction.