Every tenancy or occupancy shall be deemed to be at will, and the rent payable upon demand, unless a different contract is shown.
'Nonrestricted property' means single-family houses where the owner owns no more than 3 single-family houses at any one time, and owner-occupied buildings with 4 or fewer units. 'Restricted property' means all other residential rental property. Tenancy does not include transient guests fewer than 90 days, hotel/motel rooms, dormitories, nursing homes, or vacation rentals.
Owners of restricted property residing within NH must file with the town or city clerk the name, address, and telephone number of a person authorized to accept service of process within 30 days of becoming the owner. Out-of-state owners must also file a designated in-state agent. Failure to comply can result in a fine of up to $100.
Nonrestricted property: landlord may terminate for any reason with proper notice. Restricted property: landlord may only terminate for: (a) nonpayment of rent; (b) substantial damage; (c) failure to comply with a material lease term; (d) behavior adversely affecting health or safety of other tenants or the landlord; (e) other good cause; (f) lead hazard abatement; (g) willful failure to prepare unit for pest remediation; (h) remaining cotenant is perpetrator of domestic violence. Effective July 1, 2026: lease expiration (with 60 days notice) is added as an additional ground for restricted property.
A tenant's refusal to agree to a rent increase constitutes 'other good cause' for eviction under RSA 540:2, II(e), provided the landlord gave at least 30 days written notice of the amount and effective date of the increase.
For nonresidential tenants: 7 days notice for nonpayment if rent is paid more often than quarterly; 3 months notice in all other cases. For all residential tenancies: 30 days notice is sufficient in all cases EXCEPT 7 days notice is sufficient for: nonpayment of rent; substantial damage; behavior affecting health or safety; or remaining cotenant is DV perpetrator. The eviction notice must state with specificity the reason for eviction.
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Effective: The 7-day notice for nonpayment is shorter than most states. Notice must clearly state the reason for eviction.
Any notice of a demand for rent or eviction 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. Proof of service must be shown by a true and attested copy of the notice accompanied by an affidavit of service. The NH district court provides forms for demand for rent and eviction notice on the judicial branch website.
Any possessory action based solely on nonpayment of rent shall be dismissed if the tenant, at any time prior to the hearing, pays all rent due and owing plus $15 liquidated damages plus any court filing fees and service charges. The landlord must submit a receipt of payment to the court before the hearing. A tenant may not defeat an eviction for nonpayment by payment more than 3 times within any 12-month period.
A lessee may terminate a lease by notice in writing in the same manner as the lessor. A month-to-month tenancy may be terminated by the lessee upon 30 days notice; if the termination date does not coincide with the rent due date, the tenant is responsible for rent through the next rent due date unless the lease provides otherwise.
A lessee who is a member of the armed services reserve called to active duty, national guard called to active duty, or active duty servicemember reassigned out of state may terminate a lease by written notice within 7 days of receipt of orders, in accordance with the federal Servicemembers Civil Relief Act (SCRA).
A tenant may terminate a lease when the tenant or household member has been a victim of domestic violence, sexual assault, or stalking within the most recent 150 days. Termination requires written verification (protective order, police report, victim advocate statement, or signed self-certification form). The tenant must vacate within 30 days of notice and is only liable for rent through the date of termination or actual vacate date.
After an eviction notice expires without the tenant curing or vacating, the landlord may file a writ of summons in district court. The writ is returnable 7 days from service by the sheriff. If the tenant files an appearance, a hearing shall be scheduled within 10 days. If the tenant defaults, the court mails a notice of default at least 3 days before issuing a writ of possession. The court shall issue a written decision in all contested hearings.
It shall be a defense to any possessory action as to residential property that the action was in retaliation for the tenant: (1) reporting a violation of RSA 540-A or housing code; (2) initiating an action under RSA 540-A; or (3) meeting or gathering with other tenants for any lawful purpose. This defense does not apply if the tenant owes the landlord the equivalent of one week's rent or more.
A rebuttable presumption of retaliation arises when any possessory action, rent increase, or substantial alteration in tenancy terms is instituted within 6 months after: the landlord received notice of an alleged violation; the landlord completed repairs; the landlord received notice of a tenant action under RSA 540-A; or the landlord discovered protected tenant organizing activity.
If the landlord wins a possessory action, the court may order a stay of dispossession up to 3 months if justice requires based on the reasonableness and good faith of the parties. During any stay, the tenant must pay rent weekly in advance. Failure to pay during the stay results in immediate writ of possession.
No action for possession based on nonpayment of rent shall be maintained if the premises are in substantial violation of fitness standards under RSA 48-A that materially affect habitability, provided: the tenant gave written notice of the violation while not in arrears; the landlord failed to correct within 14 days; the violations were not caused by the tenant; and access was not unreasonably denied.
If the landlord wins, the court renders judgment for possession and issues a writ of possession. The judgment may be enforced by directing the sheriff to serve the writ or by civil contempt. In cases based on nonpayment, the court states the equivalent weekly rent amount which must be paid if an appeal is taken. Successful retaliation defense may result in damages up to 3 months rent.
Any party may appeal within 7 days of the notice of judgment by filing a notice of intent to appeal in district court. The district court retains jurisdiction for collecting rent pending appeal. In nonpayment cases, the tenant must pay weekly rent into court during the appeal or the writ of possession issues.
No lease or rental agreement, oral or written, shall contain any provision by which a tenant waives any of his rights under RSA 540, and any such waiver shall be null and void.
No landlord shall willfully violate a tenant's right to quiet enjoyment of his tenancy or attempt to circumvent lawful procedures for eviction pursuant to RSA 540. No tenant shall willfully damage the property of the landlord or prevent completion of necessary repairs or willfully deny tenants their right to quiet enjoyment.
No landlord shall: (I) willfully interrupt or terminate any utility service to the tenant; (II) seize or deny access to tenant's rented premises other than through proper judicial process; (III) seize or deny access to tenant's personal property; (IV) willfully enter tenant's premises without prior consent except for emergency repairs. Electronic funds transfer may not be the sole required payment method — at least one non-electronic payment option must be allowed.
No landlord shall willfully enter into the premises of the tenant without prior consent, other than to make emergency repairs. A landlord may only enter without consent to make emergency repairs (including within 72 hours for pest infestations) or pursuant to a court order.
Any tenant or landlord may seek relief from a violation of RSA 540-A by filing a petition in district or superior court. No filing fee is charged for 540-A petitions. Court shall hold a hearing within 30 days of filing or 10 days after service, whichever is later. Upon finding a violation, court may prohibit the conduct and award damages. Violations of RSA 540-A:3 are subject to consumer protection remedies under RSA 358-A including attorney fees. Lockout damages minimum $3,000 if landlord has re-let the unit.
Prior to collecting any fee as part of the rental application or renewal process, the landlord shall clearly disclose in writing to prospective tenants the amount of the fee and the requirement for a satisfactory criminal background and credit check, if any. If the unit is not rented to the applicant, the landlord shall return any amount beyond the actual cost of the documented background check, credit check, and reasonable administrative costs within 30 days.
'Security deposit' means all funds in excess of the monthly rent transferred from tenant to landlord for any purpose. 'Landlord' for security deposit purposes excludes: persons who rent a single-family residence and own no other rental property; and owners of owner-occupied buildings of 5 units or less — EXCEPT for units occupied by persons 60 or older.
Security deposit cap: one month's rent OR $100, whichever is GREATER. Landlord must provide a signed receipt stating the amount and location of the deposit and notify tenant to document unit conditions within 5 days of occupancy. Deposits must be held in trust separate from landlord's personal funds in a NH bank, savings association, or credit union. Interest must be paid after one year at the rate earned on the deposit account. Landlord must provide deposit information to tenant upon request.
Landlord shall return the security deposit with interest due within 30 days from the termination of the tenancy. If there are damages (excluding reasonable wear and tear), the landlord may deduct repair costs and must provide a written itemized list of damages with evidence that repairs have been or will be completed. Unpaid rent, unpaid charges, and the tenant's share of real estate taxes may also be deducted.
Any landlord who fails to comply with the trust/holding requirements of RSA 540-A:6 I, II, or III violates RSA 358-A:2 (consumer protection). Any landlord who fails to comply with the interest or return requirements of RSA 540-A:6 IV or RSA 540-A:7 is liable for twice the amount of the security deposit plus interest due, less any legitimate deductions.
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