The Eviction Process in New Hampshire

New Hampshire statutes set forth very specific rules and procedures a landlord must follow when evicting a tenant, and, for the eviction to be valid, the landlord must carefully follow all of them. This article will explain the basic rules and procedures landlords and property managers must follow when evicting a tenant in New Hampshire.

Notice for Termination With Cause

The first step in evicting a tenant is determining whether a landlord has legal cause (a reason) for eviction. New Hampshire law defines legal cause as, among other things, failure to pay rent, violation of the lease or rental agreement, or damage to the property or other people at the property. To evict the tenant for one of these reasons, the landlord needs to terminate the tenancy. The landlord does this by giving the tenant written notice to quit.

• 7-day notice to pay rent or quit: When a tenant doesn't pay rent on time, the landlord can send the tenant a 7-day notice to pay rent or quit (move out). The notice must state the reason why the landlord is terminating the tenancy and tell the tenant that they can avoid eviction by paying the rent owed and any late fees. (A tenant can avoid eviction by paying rent after receiving a notice only 3 times within 12 months. After that, the landlord doesn't have to give the tenant another chance to pay the rent.) If the tenant doesn't pay the rent by the deadline in the notice, the landlord can file an eviction lawsuit. (N.H. Rev. Stat. §§ 540:2, 540:3, 540:9 (2024).)
• 30-day unconditional notice to quit: When the tenant breaches a material term of the lease or rental agreement (such as having a pet despite a no-pets policy), doesn't cooperate with the landlord's efforts to eliminate pests, or for "other good cause," the landlord can give the tenant a 30-day notice to quit. The landlord doesn't have to give the tenant the opportunity to fix the problem. If the tenant doesn't move out by the deadline in the notice, the landlord can file an eviction lawsuit. (N.H. Rev. Stat. §§ 540:2, 540:3 (2024).)
• 7-day unconditional notice to quit: Landlords can give tenants a 7-day notice telling them to move out—and not give them a chance to fix the situation—when:
  • the tenant or tenant's guests cause substantial damage to the rental
  • the tenant or members of the tenant's family act in a way that affects the health and safety of other tenants or the landlord; or
  • the tenant refuses to accept suitable temporary relocation due to lead-based paint hazard abatement.

If the tenant doesn't move out by the deadline in the notice, the landlord can file an eviction lawsuit. (N.H. Rev. Stat. §§ 540:2, 540:3 (2024).)

Starting on January 1, 2025, the landlord can also give a tenant a 7-day unconditional notice to quit when the remaining tenant or occupant is the accused perpetrator of domestic violence, sexual assault, or stalking that resulted in the termination of the lease. (N.H. Rev. Stat. § 540:3 (2024).)

Notice for Termination Without Cause

New Hampshire requires landlords to have "good cause" to end a tenancy—even when the lease has expired or the tenancy is month-to-month. Here's what New Hampshire landlords can do to end a tenancy when the tenant has done nothing to prompt a termination notice.

Ending a Month-to-Month Tenancy Without Cause

Landlords in New Hampshire must have good cause to end a month-to-month tenancy. This is different from the law in most states; in most states, landlords can end month-to-month tenancies simply by giving sufficient notice. When a tenant hasn't done anything to warrant a termination notice, though, a landlord in New Hampshire must cite a legitimate business or economic reason for wanting to end the tenancy. (N.H. Rev. Stat. § 540:2(V) (2024); AIMCO Properties, LLC v. Dziewisz, 883 A.2d 310 (N.H. 2005).) (Note: as of the writing of this article, there is a pending bill to eliminate the good cause requirement. Check the General Court of New Hampshire's website for current status.)

When the landlord has good cause, they must give the tenant a 30-day notice that the tenancy is ending. (N.H. Rev. Stat. § 540:3 (2024).)

Ending a Tenancy With a Long-Term Lease Without Cause

Landlords in New Hampshire can't refuse to renew a long-term lease without good cause, even after the lease has expired. If the landlord has good cause (a legitimate business or economic reason) to not renew the lease, the landlord must give the tenant a 30-day termination notice. (N.H. Rev. Stat. § 540:2 (2024).)

Tenant Defenses to Eviction

The tenant might decide to fight the eviction, even when the landlord has good legal cause to evict the tenant. The tenant could have a defense to the eviction, such as the landlord failing to maintain the rental unit or discriminating against the tenant. Fighting the eviction could increase the costs of the lawsuit or allow the tenant more time to remain living in the rental unit.

Removal of the Tenant

The only way to remove a tenant from a rental unit is for a landlord to win an eviction lawsuit against the tenant. Even then, the landlord is not the person who will actually evict the tenant. That will be done by a law enforcement officer. It is illegal for the landlord to ever try to force the tenant to move out of the rental unit, and the tenant can sue the landlord for an illegal eviction.

If the landlord finds personal property that the tenant has left behind in the rental unit after being evicted, then the landlord must store that property for seven days, at the landlord's expense. The tenant must be allowed to access and reclaim the property during that seven-day period. If the tenant does not claim the property during that time, then the landlord can dispose of the property without notice to the tenant. (N.H. Rev. Stat. § 540-A:3(VII) (2024).)

Rationale for the Rules

Landlords must carefully follow all the rules and procedures required by New Hampshire law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.