Steps of the eviction process in New Hampshire:
- Landlord serves tenant written notice.
- Landlord files complaint with court (if unresolved).
- Appearance is filed.
- Court holds hearing & issues judgment.
- Writ of possession is posted.
- Possession of property is returned to landlord.
Evicting a tenant in New Hampshire can take around one to two months, depending on the reason for the eviction. If tenants request a continuance or file an appeal, the process can take longer.
Grounds for an Eviction in New Hampshire
In New Hampshire, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms or illegal activity. Even so, proper notice must first be given before ending the tenancy.
| Grounds | Notice Period | Curable? |
|---|---|---|
| Nonpayment of Rent | 7 Days | Maybe |
| End of / No Lease | 30 Days | No |
| Lease Violation | 30 Days | No |
| Good Cause | 30 Days | No |
| Illegal Activity | 7 Days | No |
Eviction for Nonpayment of Rent
In New Hampshire, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 7 days’ notice to pay rent or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.
Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in New Hampshire the day immediately after its due date. So for example, if rent is due on the first of the month, it is considered late starting on the second of the month (if not paid in full). There is no right to a legal grace period (i.e., five days) or exceptions for weekends or court-observed holidays.
Eviction for No Lease or End of Lease
In New Hampshire, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out (30 days for tenants that pay month-to-month).
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Eviction for Violation of Lease or Responsibilities
In New Hampshire, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under New Hampshire landlord-tenant law. To do so, the landlord must first give 30 days’ notice to move out. A tenant does not have the opportunity to correct the issue to avoid eviction.
Tenant responsibilities include:
- Keeping the unit in a safe and habitable condition.
- Keeping fixtures clean and sanitary.
- Making small repairs and maintenance.
- Not disturbing other tenants or neighbors.
Examples of lease violations:
- Failing to prepare the rental unit for necessary rodent or insect treatments.
- Having an unauthorized pet or guest.
- Parking in an unauthorized area.
- Not maintaining a certain level of cleanliness.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction for Good Cause
In New Hampshire, a landlord can evict a tenant for a “good cause.” To do so, the landlord must first give 30 days’ notice to move out. A tenant does not have the opportunity to correct the issue to avoid eviction.
Examples of “good cause” include:
- A tenant’s refusal to agree to a change in the lease agreement (i.e., a rent increase).
- A legitimate business reason of the landlord.
- An economic reason of the landlord.
Eviction for Illegal Activity
In New Hampshire, a landlord can evict a tenant for committing an illegal activity or a substantial violation. To do so, the landlord must first give 7 days’ notice to move out. A tenant does not have the opportunity to correct the issue to avoid eviction.
Examples of illegal activity include:
- Threatening the health and safety of other tenants, landlord, or landlord’s agent.
- Causing substantial property damage (i.e., tampering with the electrical wiring, damaging the plumbing in the rental unit).
- Refusing to move out of the rental unit temporarily so the landlord can address a lead-paint hazard on the property.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Illegal Evictions in New Hampshire
In New Hampshire, any of the self-help evictions and retaliatory evictions are illegal. A tenant can only be legally removed with a court order obtained through the formal eviction process.
“Self-Help” Evictions
No matter the situation, a landlord is not allowed to forcibly remove a tenant by:
- Changing the locks.
- Shutting off utilities.
- Removing tenant belongings.
If a landlord is found liable for a self-help eviction, they could pay the tenant $3,000 or more, plus actual damages, court costs and attorneys’ fees.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining about habitability issue to the landlord, board, agency or any authority tasked to enforce the law.
- Meeting or fathering with other tenants for lawful purposes.
If a landlord is found liable for a retaliatory eviction, the landlord could be required to pay the tenant an amount equal to three month’s rent.
Step 1: Landlord Serves Notice to Tenant
A landlord can begin the eviction process in New Hampshire by serving the tenant with written notice. The notice must be delivered by one of the following methods:
- Giving a copy to the tenant in person.
- Leaving a copy at the tenant’s last known address.
It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice.
7-Day Notice to Pay or Quit
If a tenant is late on paying rent (full or partial) in New Hampshire, the landlord can serve them a 7-Day Notice to Pay or Quit. This notice gives the tenant 7 calendar days to pay the entire remaining balance or vacate the premises.
For nonpayment of rent, if the tenant pays the full rent owed before the eviction hearing including any late payments, filing fees, service charges, plus $15 as liquated damages the eviction process will stop.
30-Day Notice to Quit (No Lease/End of Lease)
In New Hampshire, for a tenant with no lease or a month-to-month lease, the landlord must serve them a 30-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 30 calendar days to move out without the chance to fix the issue.
For tenants that don’t pay monthly, the amount of notice does not change.
30-Day Notice to Quit (Non-Compliance/Good Cause)
If a tenant commits a violation of the terms of their lease or wants to evict a tenant for “good cause”, the landlord can serve them a 30-Day Notice to Quit. This notice gives the tenant 30 calendar days to vacate the premises without the chance to fix the issue.
7-Day Notice to Quit
If a tenant commits an illegal activity in New Hampshire, the landlord can serve them a 7-Day Notice to Quit. This notice gives the tenant 7 calendar days to vacate the premises without the chance to fix the issue.
Step 2: Landlord Files Lawsuit with Court
As the next step in the eviction process, New Hampshire landlords must file a complaint in the appropriate court. In the state of New Hampshire, this costs $125 in filing fees, plus $1.00 for the cost of writ regardless of where the case is heard.
The summons and complaint must be served on the tenant by the sheriff prior to the hearing through one of the following methods:
- Giving a copy to the tenant in person; or
- Leaving a copy at the tenant’s residence.
Other methods may be allowed but would need to be approved by a judicial officer first, and only if these two methods fail.
Step 3: Appearance is Filed
If New Hampshire tenants want to object to (or “contest”) the eviction hearing, they must file an appearance with the court by the return date listed on the summons. This date may vary depending on where the rental property is located, but could be around seven days.
An appearance is a written document the tenant must file with the court to attend the eviction hearing. The return date is not the date the eviction hearing will be held but the deadline by which the tenant’s appearance must be filed with the court.
If the tenant fails to file an appearance with the court by the deadline, the court may issue a default judgment in favor of the landlord, meaning the tenant will have to move out of the rental unit without being allowed to attend a hearing.
If the tenant pays rent in full before the eviction hearing plus any late payments, filing fees, service charges, and $15 as liquated damages, the eviction process will stop.
Step 4: Court Holds Hearing & Judgment
The eviction hearing will be held within 10 days of the date the tenant’s appearance was filed with the court.
If the tenant fails to appear for the hearing, the judicial officer may issue a default judgment in favor of the landlord, meaning the tenant will have to move out.
Either the landlord or tenant may request a continuance, not to exceed 30 days.
If the judicial officer rules in favor of the landlord, either through a default judgment or at an eviction hearing, a writ of possession will be issued and the eviction process will continue.
Tenants may file an appeal, but they must do so within seven days of the date the judgment is issued in the landlord’s favor.
Step 5: Writ of Possession Is Issued
The writ of possession is the tenant’s final notice to leave the rental unit, and gives them the opportunity to remove their belongings before the sheriff returns to the property to forcibly remove the tenant.
When the writ is issued depends on how the court determines the tenant has to move out.
If a default judgment is issued because the tenant failed to file an appearance or failed to attend the hearing, the writ of possession will be issued at least five business days after the notice of default judgment is issued by the court.
If the tenant appeared at the eviction hearing and the court ruled in the landlord’s favor, the writ will be issued at least seven days after the ruling is issued. This gives the tenant time to file an appeal.
If the reason for the eviction is nonpayment of rent, and the tenant and landlord reach an agreement about payments before the writ of possession is issued by the court, the eviction process will be stopped.
Step 6: Possession of Property is Returned
New Hampshire state law doesn’t specify how quickly law enforcement officials must forcibly remove tenants from the rental unit once they have received the writ of possession.
However, tenants may request a stay of execution for up to three months. It is up to court to grant the stay or not.
New Hampshire Eviction Process Timeline
In New Hampshire, an eviction can be completed in 1 to 2 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the New Hampshire eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 7-30 Calendar Days |
| Court Issuing/Serving Summons | 3-21 Business Days |
| Tenant Response Period | ~3 Business Days |
| Court Ruling | 10 Business Days |
| Court Serving Writ of Possession | 5-7 Business Days |
| Final Notice Period | 24 Hours – 3 Months |
Flowchart of New Hampshire Eviction Process
For additional questions about the eviction process in New Hampshire, please refer to the official legislation, New Hampshire Revised Statutes §510, §540, and the Rules of the Circuit Court for the State of New Hampshire, Rules 5.6 and 5.7, for more information.
Sources
- 1 NH Rev Stat §540:3 (2019)
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II. For all residential tenancies, 30 days’ notice shall be sufficient in all cases; provided, however, that 7 days’ notice shall be sufficient if the reason for the termination is as set forth in RSA 540:2, II(a), (b), or (d)…
- 2 NH Rev Stat §540:3 (2019)
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IV. If the eviction notice is based on nonpayment of rent, the notice shall inform the tenant of his or her right, if any, to avoid the eviction by payment of the arrearages…
- 3 NH Rev Stat §540:3 (2019)
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II. (g) Willful failure by the tenant to prepare the unit for remediation of an infestation of insects or rodents, including bed bugs, after receipt of reasonable written notice of the required preparations and reasonable time to complete them.
- 4 NH Rev Stat §540:3 (2019)
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III. If the grounds for eviction is other good cause as set forth in paragraph II(e) of this section, and such cause is based on the actions or inactions of the tenant, members of his family, or guests, the landlord shall, prior to the issuance of the eviction notice, provide the tenant with written notice stating that in the future such actions or inactions would constitute grounds for eviction. Such notice shall be served in accordance with N.H. Rev. Stat. § 540:5 or by certified mail.
IV. A tenant’s refusal to agree to a change in the existing rental agreement calling for an increase in the amount of rent shall constitute good cause for eviction under paragraph II(e) of this section, provided that the landlord provided the tenant with written notice of the amount and effective date of the rent increase at least 30 days prior to the effective date of the increase.
V. “Other good cause” as set forth in paragraph II(e) of this section includes, but is not limited to, any legitimate business or economic reason and need not be based on the action or inaction of the tenant, members of his family, or guests.
- 5 NH Rev Stat §540:3 (2019)
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II. The lessor or owner of restricted property may terminate any tenancy by giving to the tenant or occupant a notice in writing to quit …but only for one of the following reasons: (a) Neglect or refusal to pay rent due and in arrears, upon demand. (b) Substantial damage to the premises by the tenant, members of his household, or guests.
- 6 NH Rev Stat §540:3 (2019)
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II. (c) Failure of the tenant to comply with a material term of the lease. (d) Behavior of the tenant or members of his family which adversely affects the health or safety of the other tenants or the landlord or his representatives, or failure of the tenant to accept suitable temporary relocation due to lead-based paint hazard abatement, as set forth in RSA 130-A:8-a, I.
- 7 NH Rev Stat §540-A:4 (2019)
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IX. (a) Any landlord or tenant who violates RSA 540-A:2 or any provision of RSA 540-A:3 shall be subject to the civil remedies set forth in RSA 358-A:10 for the initial violation, including costs and reasonable attorney’s fees incurred in the proceedings. Each day that a violation continues after issuance of a temporary order shall constitute a separate violation…(e) Landlord damages for any unlawful dispossession or lock-out of a tenant from the premises where the landlord has re-let the premises or has a new tenant in the premises shall not be less than $3,000. In the event the damages exceed the $3,000 minimum, the award shall not exceed the amount that would have been awarded pursuant to subparagraph (a).
X. If an action initiated under RSA 540-A:3 is found to be frivolous or brought solely for harassment, the plaintiff shall pay to the defendant the costs of said action including reasonable attorney’s fees. If such frivolous action was brought by the tenant, he shall not be entitled to the protection of paragraph XI of this section. - 8 NH Rev Stat §540-13a (2019)
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Except in cases in which the tenant owes the landlord the equivalent of one week’s rent or more, it shall be a defense to any possessory action, as to residential property, that such possessory action was in retaliation for the tenant:
I. Reporting a violation or reporting in good faith what the tenant reasonably believes to be a violation of RSA 540-A or an unreasonable and substantial violation of a regulation or housing code to the landlord or any board, agency or authority having powers of inspection, regulation or enforcement as to the reasonable fitness of said residential property for health or safety;
II. Initiating an action in good faith pursuant to RSA 540-A or availing himself of the procedures of RSA 540:13-d; or
III. Meeting or gathering with other tenants for any lawful purpose. - 9 NH Rev Stat §540-14 (2021)
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II. Whenever the tenant successfully raises the defense of retaliation pursuant to RSA 540:13-a, damages of not more than 3 months’ rent may be awarded to the tenant.
- 10 NH Rev Stat §540:13 (2019)
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III. The writ of summons and the notice provided in paragraph II shall be returnable 7 days from the date of service of the writ by the sheriff.
- 11 NH Rev Stat §510:2 (2019)
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All writs and other processes shall be served by giving to the defendant or leaving at his abode an attested copy thereof, except in cases otherwise provided for.
- 12 NH Rev Stat §540:13 (2019)
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II. (a) If the tenant wishes to contest the eviction, he must file an appearance in the district court no later than the return day appearing on the writ. (b) The tenant shall not be evicted unless the court so orders; however, such an order may be granted if the tenant does not file an appearance.
- 13 NH Rev Stat §540:13 (2019)
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V. If the tenant files an appearance, a hearing shall … occur within 10 days after such filing… with notice of the hearing mailed … no fewer than 6 days prior to the hearing.
- 14 NH Rev Stat §540:9 (2019)
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No tenancy shall be terminated for nonpayment of rent…if the tenant, before the expiration of the notice, pays or tenders all arrearages plus $15.00 as liquidated damages; provided, however, that a tenant may not defeat an eviction for nonpayment by use of this section more than 3 times within a 12-month period.
- 15 Rules of the Circuit Court of the State of NH, Rule 5.6 (2019)
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B. Upon the request of any party, the Court may grant a continuance of the scheduled trial date to allow time to complete discovery. Landlord and tenant actions shall be given priority on the Court’s docket and, whenever possible, rescheduled within thirty (30) days.
- 16 NH Rev Stat §540:13 (2019)
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(d) If the tenant wishes to appeal the district court’s decision, he must: (1) File a notice of intent to appeal with the district court within 7 days of the notice of the district’s decision…
- 17 Rules of the Circuit Court of the State of NH, Rule 5.7 (2019)
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A.1. If the defendant failed to appear for trial, then the writ of possession and notice of judgment shall not issue until the expiration of at least five business days after the Clerk’s notice of default and, if the writ includes a claim for unpaid rent, upon the filing of an affidavit of damages.
- 18 Rules of the Circuit Court of the State of NH, Rule 5.7 (2019)
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A. 2. If upon trial the plaintiff sustained the complaint, then the writ of possession shall not issue until the expiration of the seven day period for filing a Notice of Intent to Appeal set forth in RSA 540:20…
- 19 NH Rev Stat §540:13-c (2019)
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II. Nothing in this section shall be construed to prohibit the parties in a case of nonpayment of rent from agreeing that, in spite of judgment for the plaintiff, a writ of possession shall not be issued, if the defendant makes payments in accordance with a schedule designated in the agreement. The agreement may incorporate the arrearage, future rent due, court costs, and service fees…
- 20 NH Rev Stat §540:13-c (2019)
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I. …A writ of possession shall be issued, provided that, the court may order the tenant shall not be dispossessed until a date not later than 3 months…provided the court decides that under all the circumstances justice requires such stay…
