A New Hampshire 30 Day Notice To Comply or Vacate is a letter which complies with state legal standards to begin eviction against a tenant for a lease violation. The landlord decides whether to allow the tenant an opportunity to fix the issue. If they decide against it, or the tenant fails to take appropriate corrective action, the tenant must move out within thirty (30) calendar days of receiving notice.
When To Use a New Hampshire 30 Day Notice To Comply or Vacate
A New Hampshire 30 Day Notice To Comply or Vacate begins the eviction process for the following tenant violations:
- Causing minor property damage
- Occupancy violations
- Allowing pets on the premises without the landlord’s consent
- Other material violations of the lease
Some types of New Hampshire lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a New Hampshire 30 Day Notice To Comply or Vacate
To help ensure the legal compliance of a Notice To Comply or Vacate:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy, and the corrective action(s) required to avoid termination
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a New Hampshire 30 Day Notice To Comply or Vacate
New Hampshire landlords may deliver a Notice To Comply or Vacate using any of these methods:
- Hand delivery to the tenant
- Leaving the notice at the tenant’s “last and usual” place of residence
Sources
- 1 NOLO Legal Encyclopedia - New Hampshire
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If the tenant violates the lease or rental agreement, then the landlord can give the tenant a 30-day notice to cure or quit. This notice must inform the tenant that the landlord is terminating the tenancy and the tenant must move out of the rental unit by the end of 30 days. The landlord does not need to give the tenant any time to correct the violation. If the tenant does not move out of the rental unit by the end of the 30-day notice period, then the landlord can file an eviction lawsuit against the tenant.
Source Link - 2 NH Rev Stat § 540:2
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The lessor or owner of restricted property may terminate any tenancy by giving to the tenant or occupant a notice in writing to quit the premises in accordance with RSA 540:3 and 5, but only for the following reasons: Failure of the tenant to comply with a material term of the lease.
If the grounds for eviction is other good cause 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.
- 3 N.H. Rev. Stat. § 540:5(I)
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Source Link
Any notice of a demand for rent or an 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, but the affidavit need not be sworn under oath. A notice of a demand for rent shall be sufficient if served upon the tenant at any time after the rent becomes due and prior to or simultaneously with the service of an eviction notice.