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Eviction rules depend on the state. Which state is the rental in?

New Hampshire eviction laws

Notices, deadlines, court and tenant rights in New Hampshire — in plain English.

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Overview

The court case
Possessory action (landlord and tenant writ)
Court
New Hampshire Circuit Court, District Division
Main laws
RSA Chapter 540 (Actions Against Tenants), esp. RSA 540:1-a, 540:2, 540:3, 540:5, 540:9, 540:13; RSA 540-A

Just-cause protection

Statewide law

For most residential rentals ('restricted property'), the landlord needs one of the reasons listed in RSA 540:2 to evict, such as nonpayment, substantial damage, a lease violation, behavior harming health or safety, or 'other good cause' (including legitimate business or economic reasons). Starting July 1, 2026, the end of a lease term is also good cause if the landlord gave at least 60 days' notice of non-renewal. Exempt ('non-restricted') property includes a single-family house when the owner owns no more than 3 single-family houses, and owner-occupied buildings with 4 or fewer units; those tenancies can be ended for any lawful reason. (RSA 540:1-a, 540:2 (as amended by 2025 HB 60))

Notices before filing, by reason

What a landlord must serve before filing — and what a tenant should expect to receive.

Unpaid rent — Demand for Rent → Eviction Notice (7-Day, Nonpayment of Rent)

The landlord must make a demand for the unpaid rent and serve a 7-day Eviction Notice for nonpayment (the two can be served together). The tenant can stop the eviction by paying all rent owed plus $15 liquidated damages and any filing and service costs before the hearing; this right can be used no more than 3 times in 12 months.

Demand for Rent

Notice period
No fixed period
Counting
Can be served any time after rent is late, before or at the same time as the Eviction Notice. It does not start a separate waiting period.
Tenant can fix it?
Yes, within the notice period
Must include
  • Tenant name(s) and rental address
  • The rent owed, by month, and the total (cannot exceed the actual arrears)
  • Demand for payment
  • Date and landlord signature
How to serve
Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); First-class mail. A written demand is served in hand or left at the tenant's home; serving it together with the Eviction Notice (by sheriff or other adult) is common practice.
Official form
NH Judicial Branch form NHJB-3040-D, Demand for Rent
Law
RSA 540:3, 540:9

Eviction Notice (7-Day, Nonpayment of Rent)

Notice period
7 days
Counting
At least 7 full days after the day of service before the tenant must leave; do not count the day of service. The landlord can obtain the Landlord and Tenant Writ only after the notice period ends.
Tenant can fix it?
Yes, within the notice period
Must include
  • Tenant name(s) and rental address
  • The reason for the eviction stated with specificity (nonpayment of rent, with amount)
  • The date by which the tenant must vacate (at least 7 days after service)
  • Statement that the tenant may avoid eviction by paying all rent due plus $15 liquidated damages (RSA 540:9)
  • Date and landlord signature
How to serve
Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Sheriff, marshal or constable. Serve by handing it to the tenant or leaving it at the tenant's last and usual place of abode. Service by a sheriff is common; the person who serves it signs a return of service (affidavit) that is filed with the case.
Official form
NH Judicial Branch Eviction Notice form (Circuit Court landlord/tenant forms)
Law
RSA 540:3, 540:5
  • Paying all rent due through the time of payment, $15 liquidated damages, and the filing and service fees before the hearing ends the case; a tenant can do this no more than 3 times in 12 months.
  • Accepting rent after serving the notice can waive the eviction unless handled as allowed by RSA 540:9.
The tenant broke the lease or rules — Eviction Notice (30-Day)

For a material violation of the lease (other than nonpayment), the landlord serves a 30-day Eviction Notice stating the reason with specificity. New Hampshire does not require a separate cure period, though the lease may.

Eviction Notice (30-Day)

Notice period
30 days
Counting
At least 30 full days after service; day of service not counted. For month-to-month tenants it does not need to end on a rent day.
Tenant can fix it?
No
Must include
  • Tenant name(s) and rental address
  • The reason for the eviction stated with specificity (the lease term violated and the facts)
  • The date by which the tenant must vacate (at least 30 days after service)
  • Date and landlord signature
How to serve
Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Sheriff, marshal or constable. Serve by handing it to the tenant or leaving it at the tenant's last and usual place of abode; a return of service must be filed. Sheriff service is common.
Official form
NH Judicial Branch Eviction Notice form
Law
RSA 540:2(II)(c), 540:3(III), 540:5
  • The violation must be material and the notice must describe it specifically or the case can be dismissed.
The lease ended and the tenant stayed — Notice of Non-Renewal of Lease (60-Day) → Eviction Notice (30-Day)

New as of July 1, 2026: the end of a lease is good cause to evict even from restricted property if the landlord notified the tenant at least 60 days before the lease ended that it will not be renewed. The landlord then serves a 30-day Eviction Notice. Before July 1, 2026, lease expiration alone was not good cause for restricted property.

Notice of Non-Renewal of Lease (60-Day)

Notice period
60 days
Counting
Must be delivered at least 60 days before the lease end date; day of delivery not counted.
Tenant can fix it?
No
Must include
  • Tenant name(s) and rental address
  • Statement that the lease will not be renewed and the date it ends
  • Date and landlord signature
How to serve
Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Sheriff, marshal or constable; First-class mail. Deliver in writing; hand delivery or sheriff service gives the best proof.
Law
RSA 540:2 (2025 HB 60)

Eviction Notice (30-Day)

Notice period
30 days
Counting
At least 30 full days after service; day of service not counted.
Tenant can fix it?
No
Must include
  • Tenant name(s) and rental address
  • The reason stated with specificity (expiration of the lease on a stated date after 60-day non-renewal notice)
  • The date by which the tenant must vacate
  • Date and landlord signature
How to serve
Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Sheriff, marshal or constable. Serve by handing it to the tenant or leaving it at the tenant's last and usual place of abode; file a return of service.
Official form
NH Judicial Branch Eviction Notice form
Law
RSA 540:3(III), 540:5
  • Double-check with the court: HB 60 details – whether it applies only to leases with an original term of at least 12 months, whether the eviction must be filed within a set time after the lease ends, and whether the 60-day non-renewal notice and 30-day eviction notice can overlap. Reports state such evictions are treated as 'no-fault' and cannot be used against the tenant in screening.
  • Non-restricted property (e.g., single-family home of an owner with 3 or fewer such houses) can use a 30-day eviction notice at lease end without a reason.
Ending a month-to-month tenancy (no fault) — Eviction Notice (30-Day, Other Good Cause)

For restricted property, a month-to-month tenancy can be ended only for a listed reason, but 'other good cause' includes legitimate business or economic reasons (such as selling, renovating or changing use), with a 30-day Eviction Notice stating the reason specifically. Non-restricted property can be ended for any lawful reason with a 30-day notice.

Eviction Notice (30-Day, Other Good Cause)

Notice period
30 days
Counting
At least 30 full days after service; day of service not counted.
Tenant can fix it?
No
Must include
  • Tenant name(s) and rental address
  • The reason stated with specificity (e.g., the specific business or economic reason); for non-restricted property, statement that the tenancy is terminated
  • The date by which the tenant must vacate
  • Date and landlord signature
How to serve
Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Sheriff, marshal or constable. Serve by handing it to the tenant or leaving it at the tenant's last and usual place of abode; file a return of service.
Official form
NH Judicial Branch Eviction Notice form
Law
RSA 540:2(II)(e), (V), 540:3(III), 540:5
  • Refusal to accept a rent increase or new lease terms can be 'other good cause' if the landlord's reasons are legitimate; the court decides.
  • Retaliation for code complaints or tenant organizing is a defense (RSA 540:13-a).
Illegal activity, violence or serious damage — Eviction Notice (7-Day, Damage or Health/Safety)

For substantial damage to the premises, or behavior by the tenant or guests that adversely affects the health or safety of other tenants or the landlord, the landlord may serve a 7-day Eviction Notice. No right to cure.

Eviction Notice (7-Day, Damage or Health/Safety)

Notice period
7 days
Counting
At least 7 full days after service; day of service not counted.
Tenant can fix it?
No
Must include
  • Tenant name(s) and rental address
  • The reason stated with specificity (the damage or dangerous behavior, with dates)
  • The date by which the tenant must vacate (at least 7 days after service)
  • Date and landlord signature
How to serve
Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Sheriff, marshal or constable. Serve by handing it to the tenant or leaving it at the tenant's last and usual place of abode; file a return of service.
Official form
NH Judicial Branch Eviction Notice form
Law
RSA 540:2(II)(b), (d), 540:3(II), 540:5
  • A tenant cannot be evicted because they are a victim of domestic violence; the landlord may seek to remove the perpetrator.

How a tenant responds

After the eviction notice expires, the landlord gets a Landlord and Tenant Writ from the court and has it served. To contest, the tenant must file an Appearance with the court no later than the 'return day' written on the writ (about 7 days after service). If no appearance is filed, the landlord gets a default judgment. If the tenant files, the court holds a hearing, usually within about 10 days. No separate written answer is required, but the appearance deadline is strict.

Deadline: at the hearing (no fixed written-answer deadline) · Form: NH Judicial Branch Appearance form (Landlord/Tenant) · RSA 540:13

Official court forms

Landlords

  • NHJB-3040-D — Demand for Rent
  • NHJB-3041-D — Eviction Notice
  • NHJB-2729-D — Landlord/Tenant Affidavit of Non-Compliance
  • Landlord-Tenant Writ Addendum

All New Hampshire forms →

Sources

Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.