Create a comprehensive and printable New Hampshire eviction notice that conforms to state and federal law and provides the right notice for a tenant. Start now with our legal document maker.
Last Update April 26th, 2023
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- New Hampshire Eviction Notice Types
- New Hampshire Eviction Laws
- New Hampshire Eviction Process
- Eviction Notice Sample
- FAQs About New Hampshire Eviction Notices
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New Hampshire Eviction Notice Types
It’s necessary to provide the correct type of New Hampshire eviction notice to the tenant you’re removing from your property. If you don’t, the eviction could be overturned or take significantly longer to complete.
You must give your tenant the precise legal document for the situation, detailing a valid legal reason for the eviction under NH statutes. This will also affect how long you must give the resident as notice before they have to leave the property.
As seen below, there are a few different options in New Hampshire when completing an eviction.
7-Day Notice to Quit (Non-Payment)
If the tenant fails to pay rent, you can serve them with a 7-Day eviction notice. This requires the tenant to either pay the rent owed or to quit the property within 168 hours.
Assuming the tenant pays the rent within this time given, the notice will be null and void. However, if payment isn’t made, and they still refuse to leave, the landlord can sue the tenant in court.
30-Day Notice to Quit (Non-Compliance)
In situations where the tenant violates the terms of the lease, landlords can issue them with an NH 30-Day Notice to Quit for Non-Compliance. This gives the resident a chance to correct the violation within 1 month, or to leave the premises.
This can also be issued as an unconditional notice, such as when the tenant causes significant damage to the property, giving no option to correct the break in the terms. However, this is usually only done when serious breaches of the contract occur.
30-Day Notice to Quit (Month-to-Month)
30 Day-Notice to Quit documents are used to evict month-to-month tenants or those who don’t have a fixed lease without providing any given cause. This allows the landlord to inform the tenant that they must vacate the property within 30 days or face a legal challenge.
New Hampshire Eviction Laws
Your New Hampshire eviction notice must follow the state’s rental property laws, in order to be valid. There are a number of important requirements that are obligatory when proceeding with the eviction of a rental tenant.
An eviction in New Hampshire may only happen in the case of:
|Nonpayment of rent||7 days' notice § 540:2 II(a) & § 540:3 I)|
|Lease violations||30 days' (§ 540:2 II(b) to (f) & § 540:3 II)|
|Substantial damage to property||7 days' notice (§ 540:2 II(b) & § 540:3 II)|
|Lease termination||30 days' notice (§ 540:3 II)|
New Hampshire Eviction Process
There are a number of crucial steps to follow when evicting a tenant in New Hampshire. These police how the notice must be served and what you’ll need to do if the tenant still refuses to vacate the property.
To successfully evict your tenant in New Hampshire with an eviction notice, you’ll need to do the following:
Step 1: Serve the tenant with a written statement giving a legally valid reason for the eviction and the correct amount of days’ notice for them to comply.
Step 2: If the tenant does not comply with the eviction notice, the landlord can file a Landlord and Tenant Writ with a local NH Circuit Court - District Division and a summons will be served.
Step 3: The tenant and landlord can make their case in court. The presiding judge can then decide whether the eviction can proceed or not.
Step 4: If the judge rules in the landlord’s favor and the tenant still refuses to vacate after 8 days, the owner may process a Writ of Possession with the court clerk.
Step 5: When the Writ of Possession has been processed, the landlord may file the document with the county sheriff. The tenant will then have a short time to leave before being forcibly evicted.
Eviction Notice Sample
Before starting your own New Hampshire eviction notice, it can help to see what a real sample of this legal document looks like. Find out how an eviction notice should appear on paper with our template example below.
FAQs About New Hampshire Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about New Hampshire’s eviction notices in our FAQs below and learn how to use these forms effectively.
How to Evict Someone in New Hampshire?
To successfully evict a tenant in New Hampshire state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days to comply and a legitimate reason to evict. It can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location and mailed.
If the tenant doesn’t comply and vacate the property as instructed, the landlord will then have to petition a Circuit Court for a Landlord and Tenant Writ. If the judge rules in the landlord’s favor, they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How Long Does It Take to Evict a Tenant in New Hampshire?
In many cases, a New Hampshire eviction can be completed in a few weeks. Once the eviction notice is served, the tenant will have between 7 - 30 days to vacate. If they comply, then the process will be over as soon as the notice period ends.
However, serving the eviction notice incorrectly can lead to delays in the process. Also, if the tenant refuses to vacate, eviction procedures can take somewhat longer. To go through the court process can take up to 2 months, depending on how busy the Circuit Court in NH system is at the time.
How Much Does It Cost to Evict Someone in NH?
How much evicting a tenant costs will often depend on how long the removal process lasts. If you serve the New Hampshire eviction notice and that leads to a resolution of the dispute, or the tenant simply leaves as instructed, then the costs are very low (below $400 not including potentially lost rent).
However, if the tenant refuses to leave the property, this could lead to a more protracted and expensive legal case. If you need to seek legal advice or representation at any step of the process, this will of course carry much higher costs.