A New Hampshire eviction notice informs a tenant that their lease agreement is being terminated and gives them a set date by which they must move out or remedy the violation (if applicable). A landlord may deliver such a notice because the tenant has not paid their rent in full, has violated the terms of the lease, or because they have a month-to-month lease that the landlord has decided to terminate.
If the eviction is the result of unpaid rent or lease violations, the tenant is given the opportunity to fix the problem by paying the landlord or curing their violations within the given notice period. Should the tenant fail to comply with the terms of the notice within the given period, the landlord may be forced to have them evicted by court order.
Eviction Notice – This form is furnished by the state Judicial Branch and can be customized to give legal notice for most evictions.
30-Day Notice to Quit for Non-Compliance – Informs a tenant that they have broken the conditions of their lease and relays how their violations can be cured. The tenant has thirty (30) days from the service date to cure their violations or move out.
30-Day Notice to Terminate Month-to-Month Lease – Used to give an individual thirty (30) days’ notice that their month-to-month tenancy is being terminated. Can be used by either the tenant or landlord to give notice to the other party.
7-Day Notice to Quit for Substantial Damage/Nuisance – This form allows landlords to evict tenants for inflicting substantial damage to the rental property or endangering the health/safety of other tenants.
- Grace-Period: Not mentioned in state statutes.
- Non-Payment of Rent (§ 540:2 II(a) and § 540:3 I): Seven (7) Days
- Lease Non-Compliance (§ 540:2 II(b) through (f) and § 540:3 II): Seven (7) Days
- Periodic Tenancy Termination (§ 540:3 II): Thirty (30) Days
- Intentional Damage to Property (§ 540:2 II(b) and § 540:3 II): Seven (7) Days
- Illegal Activity: Not mentioned in state statutes.
When a landlord needs to terminate a tenant’s lease, whether it be a periodic agreement that they wish to terminate or because a tenant has broken the terms of their lease, they must supply the tenant with written notice. The landlord may only pursue legal action to have the tenant evicted after the written notice has expired. In New Hampshire, a landlord may only demand damages of up to $1,500 in an eviction court action against a tenant who has not paid rent; any further damages must be sought in Small Claims Court.
Step 1 – Serve Notice
An eviction notice must clearly state the cause for the eviction, the date by which the notice must be complied with, and the possibility of the landlord filing a court action against the tenant. The following forms can be used to give legally accepted notice to tenants:
- Eviction Notice
- 7-Day Notice to Quit for Non-Payment
- 30-Day Notice to Quit for Non-Compliance
- 30-Day Notice to Terminate Month-to-Month Lease
- 7-Day Notice to Quit for Substantial Damage/Nuisance
Once completed, the landlord must make copies for future reference and in case they need to start legal action against the tenant. The notice will need to be delivered in person to the tenant or sent by mail. The affidavit of service must be filled out at the bottom of the form on the landlord’s copy.
If the notice is for non-payment of rent, the landlord must also deliver a Demand for Rent to the tenant.
Step 2 – Affidavits
If the tenant does not comply with the terms of the eviction notice, the landlord will need to file an eviction case against them to have them formally evicted. To do this, they will need a copy of the expired notice to quit (and Demand for Rent if applicable) with their signed affidavit of service and applicable affidavits:
- Affidavit of Damages and Statement of Claim – For cases involving non-payment of rent; requires a notary acknowledgment.
- Affidavit as to Military Service – States the plaintiff’s assertion whether the tenant is/is not a US military service member; must be signed by a notary public and is required for all cases.
Step 3 – Landlord and Tenant Writ
In addition to the above-mentioned affidavits, the landlord will have to purchase a Landlord and Tenant Writ (Form NHJB-2333-DP) from the court clerk. Once this form has been completed, it can be filed along with the expired eviction notice, required affidavits, and Demand for Rent (if applicable) at the District Court in which the rental property is located.
Filing fees: $1 for Writ; $125 Filing Fee (Source: New Hampshire Judicial Branch)
Step 4 – Service of Landlord and Tenant Writ
After the landlord’s case has been filed, the court will assign a docket number to the case and return the original writ to them. The writ, along with a copy for the tenant, must be brought to the sheriff’s department where the rental property is located to be served on the tenant. After service, the sheriff will direct the landlord which return date to enter on the writ.
Step 5 – Return of Service
After entering the return date on the writ, the landlord must file the writ (with the return of service completed) with the court’s office.
Step 6 – Tenant’s Answer
If the tenant wishes to contest the landlord’s case against them, they must file an Appearance Form with the court by the return date indicated on the writ. If this form is filed by the tenant, the court will set a hearing date for the case to be determined by the court and send notice to both parties.
Step 7 – Attend Hearing
On the date of the hearing, the court will hear the case, review the evidence, and make a judgment in favor of the landlord or the tenant. If the tenant prevails or the landlord doesn’t appear in court, the case will be dismissed. Failure of the tenant to attend will usually result in a default verdict against them. When the court rules in the landlord’s favor they will issue a Writ of Possession which the sheriff’s department serves on the tenant.
Step 8 – Remove Tenant
After being served the Writ of Possession, the tenant will be required to move out by the date indicated therein or they will be physically removed from the rental property. The landlord must preserve the property for seven (7) days from the move-out date. During this time, the tenant has the right to return and collect any possessions left in the rental unit.
- Affidavit of Damages and Statement of Claim (Form NHJB-2770-D)
- Signing: Plaintiff and Notary Public
- Affidavit as to Military Service (NHJB-2200-DFPS)
- Signing: Plaintiff and Notary Public
- Agreement Form (NHJB-2202-DFPS)
- Signing: Plaintiff, Defendant, and Attorneys (if applicable)
- Agreement to Stay Writ of Possession (Form NHJB-2749-D)
- Signing: Plaintiff, Defendant, and Judge
- Appearance Form (Form NHJB-2391-DF)
- Signing: Defendant
- Demand for Rent (Form NHJB-3040-D)
- Signing: Landlord
- Notice of Intent to Appeal (Form NHJB-2085-DP)
- Signing: Landlord/Tenant