The Commercial Eviction Process in New Hampshire

Evicting a commercial tenant in New Hampshire requires navigating both the terms of the lease agreement and the state's judicial eviction process. While commercial leases offer greater flexibility in defining notice periods and cure rights than residential tenancies, the ultimate power to physically remove a tenant rests only with the court.

Self-help evictions—changing locks, shutting off utilities, or removing property—are illegal for commercial tenancies in New Hampshire, just as they are for residential.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Commercial evictions carry significant financial risk. Always consult a licensed commercial real estate attorney. Information last verified: March 2026.

Step 1: Review the Lease for Default Provisions

The commercial lease itself is the first authority on the eviction process. A well-drafted commercial lease will contain a detailed "Default and Remedies" section specifying:

• Monetary Defaults: The number of days a tenant has to cure a rent default before the landlord can terminate (often 7 to 14 days).
• Non-Monetary Defaults: The number of days to cure a violation such as unauthorized subletting or failure to maintain insurance (typically 30 days).
• Automatic Termination: Some aggressive commercial leases contain clauses stating the lease automatically terminates upon a default, though New Hampshire courts may still require a formal notice process.

Step 2: Serving the Notice to Quit

Even if the lease specifies a cure period, the landlord must still formally serve the tenant with a written Notice to Quit.

If the commercial lease does not specify a unique notice period, the residential default under RSA 540 may serve as a guide—generally a 30-day notice to quit. However, the negotiated lease terms typically control.

The notice must be served properly (in person or via certified mail) and must clearly state:

• The specific breach or reason for termination.
• The date by which the tenant must cure the breach or vacate.

Step 3: Filing the Landlord and Tenant Writ

If the notice period expires and the tenant has not cured the breach or vacated, the landlord must file a Landlord and Tenant Writ with the New Hampshire District Court.

The court will schedule a hearing. The commercial tenant will be served with the court summons and has the right to appear, present a defense, and challenge the eviction.

Step 4: Judgment and Writ of Possession

If the court rules in favor of the landlord, a Judgment is issued. If the tenant still refuses to leave, the landlord applies for a Writ of Possession, which authorizes the county Sheriff to physically execute the eviction and restore possession.

Constructive Eviction Defense

The most common defense raised by commercial tenants is "constructive eviction"—claiming the landlord's failure to maintain the property (e.g., allowing a flooding issue to persist, failing to provide promised HVAC) rendered the space unusable, effectively forcing the tenant to abandon the premises. If a court agrees, the tenant may be released from all further rent obligations and may be awarded damages.

Streamlining Eviction Procedures

Commercial eviction cases hinge on an impeccable paper trail documenting the exact date of default, the precise service date of the notice, and the expiration of the cure period. Landager provides institutional-grade ledger tracking for your commercial portfolio, ensuring that when commercial rent hits severe arrears, you are automatically reminded of the exact contractual notice workflows, preventing costly procedural missteps.

Back to New Hampshire Commercial Landlord-Tenant Laws Overview.