New Hampshire Eviction Process

How to Evict a Tenant in New Hampshire (9 Steps)

Step 1 – Serve Eviction Notice to Tenant

Create the appropriate eviction notice and any additional paperwork (like the “demand for rent”) applicable to the situation. You may start with an eviction notice template to capture all state-specific language and requirements.

Either hand deliver the notice to the tenant or leave it at their “last and usual” place of residence (NH. Rev. Stat. § 540:5).

Step 2 – File Lawsuit

Landlords should file an eviction lawsuit with the district court in the county where the property is located. At the time of filing, they must pay $125 in fees. The writ of summons — which tells the tenant they’re being sued and must appear in court to object — will cost the landlord an additional $1.

Step 3 – Tenant Is Served

The sheriff will serve the tenant with the complaint and summons either by hand delivery or by leaving a copy at their residence. If neither of these work, another method can be employed if approved by a judicial officer (NH. Rev. Stat. § 540:13).

Step 4 – Tenant Files for Court Appearance

If the tenant objects to the landlord’s reasoning for eviction, they must file for an appearance in court. The writ of summons will list a return date, often within seven days, that gives the tenant a deadline for completing this.

Step 5 – Attend Hearing

If the tenant files for an appearance in court, the court will hold a hearing within 10 days of receiving it. If the tenant fails to attend this hearing, the court may rule in the landlord’s favor automatically. 

At this hearing, either party can request a continuance of up to 30 days. 

Otherwise, both the landlord and tenant will present their case with evidence at the hearing. Evidence can include:

• The lease agreement.
• Billing and payment history.
• Any payment returns.
• Communications with tenants.
• Security camera footage.
• Pictures or video of property damage.
• Witnesses to nuisances or property damaging events like neighbors or other tenants.

Step 6 – Receive Judgment and Writ of Possession

If the court rules in the landlord’s favor, a writ of possession will be issued. For a failed tenant appearance, issuance occurs at least five days after the court files a notice of default judgment. For a favorable judgment to the landlord after both parties present evidence, the writ will be issued after at least seven days have passed.

Step 7 – Tenant Can Appeal

While waiting for the writ of possession after judgment, the tenant has seven days to appeal the decision. In the case of rent nonpayment, the tenant and landlord can also reach a payment agreement in this time period to stop the writ of possession’s issuance.

Step 8 – Tenant Must Vacate

New Hampshire has no laws surrounding how quickly law enforcement officials must remove the tenant after the writ of possession is issued. 

The tenant can either vacate prior to officials coming or request a stay of execution for three months or less. If the court grants the stay, they have that time period to move out before being forcibly removed.

Step 9 – Forcible Removal by Law Enforcement

If the tenant still does not leave after the writ of possession has been issued, law enforcement officials can remove them from the property. Landlords cannot forcibly remove tenants themselves.

Eviction Reasons

New Hampshire statutes list several specific just causes for eviction. These reasons can be sorted into two categories: at-fault evictions and no-fault evictions.

At-Fault Evictions

An at-fault eviction means the tenant did something to violate their agreement with the landlord. In New Hampshire, causes for at-fault evictions include:

• Not paying rent.
• Breaking the rules in the lease or rental agreement.
• Conducting illegal activity on the property.
• Causing major damage to the property.
• Refusing to comply with maintenance.
• Refusing to be temporarily relocated for health and safety issues.

These further break down into two subcategories: curable faults, meaning they can be fixed to allow the tenant to remain living there, and incurable faults, which cannot be remedied. In the case of an incurable fault, the tenant has no choice but to move or face eviction.

1. Rent Nonpayment

• Used if the tenant has missing or late rent payments.
• Rules and regulations laid out in NH. Rev. Stat. §§ 540:2, 540:3, 530:4, and 540:5.
• Curable offense.
• The notice gives the tenant seven days to pay or move out.

The notice necessary for rent nonpayment is called a “notice to quit,” a “notice to pay rent or quit,” or simply an “eviction notice.” It instructs the tenant to either pay the balance due or vacate the premises within seven days.

Another form, known as a “demand for rent,” must be delivered to the tenant alongside the notice. It states the amount owed and educates tenants about their right to seek mediation.

Rent is considered past due the day immediately after its due date. There is no grace period after rent is late. As the landlord, unless terms are stated otherwise in the lease agreement, you can serve the demand for rent and eviction notice as soon as rent is past due.

2. Lease Violations

• Used if the tenant has violated material terms of the lease agreement.
• Rules and regulations laid out in NH. Rev. Stat. §§ 540:2(II)(c) and 540:3.
• Curable offense if not illegal or causing severe damage to the property.
• Notice gives the tenant 30 days to cease the behavior or move out.

Lease violations that can be cured include:

1. Damage to the property, if fixable and not substantial.
2. Smoking in a non-smoking unit.
3. Having a pet in a pet-free building or without paying pet rent.

These examples could be solved within the 30-day notice period if the tenant:

1. Pays and arranges to have the damage fixed.
2. Stops smoking inside or too close to the building.
3. Houses the pet elsewhere or starts paying proper fees.

3. Illegal Activity or Major Property Damage

• This is used if the tenant commits a serious offense, such as irreparable property damage, criminal acts, or threatening the health and safety of those living there.
• Rules and regulations laid out in NH. Rev. Stat. §§ 540:2(II)(b) and 540:3.
• Incurable offenses.
• Notice gives the tenant seven days to vacate.

For serious offenses, landlords can serve “unconditional quit” notices to tenants. These types of notices cover incurable problems and instruct the tenant to leave within seven days, without the chance to remedy the issue.

Eviction-causing substantial property damage includes:

• Damaging electrical wiring.
• Ruining plumbing fixtures.

Illegal acts on the property that can lead to eviction include:

• Selling, using, or distributing controlled substances.
• Theft, violence, or assault.
• Storing or firing an illegal weapon.

4. Behavior Affecting the Health and Safety of Others

• Used if the tenant or members of the tenant’s household adversely affects the health or safety of other tenants or the landlord.
• Rules and regulations are laid out in NH Rev. Stat. § 540:2(II)(d).
• Incurable.
• Notice gives the tenant seven days to leave.

5. Refusal To Temporarily Relocate

• Used if the tenant refuses to leave after an issue affecting their health and safety is discovered.
• Rules and regulations laid out in NH. Rev. Stat. § 540:2(II)(d),(f),(g).
• Incurable.
• Notice gives the tenant seven days to leave for lead-based paint hazard abatement and 30 days to leave for preparation of a unit for remediation of an infestation of insects or rodents.

For example, if lead paint is found on the property, the tenant must leave until the problem is solved. If they do not vacate after proper notice, a landlord can serve a seven-day quit notice.

Another valid reason for eviction is when a tenant refuses to comply with statutorily authorized causes after receiving proper 30-day notice. This includes situations like building fumigation for a pest infestation. 

No-Fault Evictions

Although landlords cannot evict without cause in New Hampshire, they can evict due to no fault of the tenant with proper notice. Reasons leading to no-fault evictions include:

• The landlord intends to move in or otherwise repurpose the property after the lease ends.
• Renovation plans or fixing damage outside the tenant’s control requires them to move out.

1. Ending a Fixed-Term Lease

• Landlord does not have to notify the tenant that their lease is ending and is not being renewed unless specifically stated in the lease agreement.
• Eviction process can start the day after the lease expires if the tenant does not move.
• Landlord must serve a notice to quit within 30 days before filing an eviction lawsuit.

A landlord cannot end a fixed-term lease during the term unless a violation of health or safety issue arises. As soon as the lease expires, however, the landlord can serve their tenant with a 30-day notice to quit before evicting.

2. Ending a Month-to-Month Lease

• Used to end a month-to-month lease for a tenant in good standing.
• Rules and regulations laid out in NH. Rev. Stat. § 540:3.
• Incurable.
• Notice gives the tenant 30 days to move out.
• Landlords cannot end month-to-month leases without good cause. However, “good cause” is defined broadly in New Hampshire law, giving landlords leeway to end leases for “business or economic” reasons (NH. Rev. Stat. § 540:2).

Eviction Timeline

Tenant Rights in New Hampshire

New Hampshire law protects tenants, even in rightful eviction cases, since losing a place of residence is often extremely distressing and disruptive to their lives. Landlords must give proper notice and follow all regulations to ensure a successful eviction process.

Self-Help Evictions

New Hampshire prohibits what are known as “self-help” evictions. NH. Rev. Stat. § 540-A:4 states that landlords who commit self-help actions may have to pay the tenant $3,000 or more in fines, plus actual damages and court fees.

Actions prohibited under self-help eviction rules include:

• Changing locks.
• Shutting off utilities.
• Removing the tenant’s personal belongings.
• Intimidating or threatening the tenant to leave.
• Forcibly removing the tenant without the help of law enforcement acting in an official capacity.

Abandoned Property

Landlords must store any personal belongings left behind by tenants for seven days (NH. Rev. Stat. § 540-A:3 VII). Although it is considered courteous to give the tenant proper notice and time to reclaim their property after eviction, this is not required by law. After seven days, the landlord can dispose of any unclaimed tenant property as they see fit.

Resources

• New Hampshire demand for rent form, which must be given to the tenant alongside a seven-day eviction notice in the case of rent nonpayment.
• Landlord/tenant forms and information from the New Hampshire Judicial Branch.
• See the State’s Official Eviction Notice Form, also provided by the state’s judicial branch.