New Hampshire Eviction Process: RSA 540

Legal Framework for Eviction in New Hampshire

In the state of New Hampshire, the eviction process is governed by RSA 540 (originally enacted in 1891). It is a strictly controlled judicial procedure. Landlords are forbidden from using "self-help" evictions (RSA 540-A), which include changing locks, removing belongings, or shutting off utilities. A landlord who violates these rules can be liable for significant damages.

1. The Notice to Quit (The 7-Day vs. 30-Day Rule)

The first mandatory step in any New Hampshire eviction is serving a formal Notice to Quit. The required timeframe depends on the reason for the eviction:

• Non-Payment of Rent: A 7-day notice is required (RSA 540:3, II-a). The tenant has the right to avoid eviction by paying all rent due, plus a $15 liquidated damage fee, before the notice expires. Additionally, under RSA 540:9, I, the tenant can avoid eviction at any time prior to the hearing on the merits by paying all rent due, the $15 fee, and the landlord's actual court filing fees and service charges. This right to cure is limited to 3 times in any 12-month period.
• Substantial Damage or Safety Risk: A 7-day notice is permitted under RSA 540:3, II-a if the tenant causes substantial damage to the premises or if their behavior affects the health or safety of others.
• Other Good Cause: For general lease violations or "other good cause," a 30-day notice is mandatory (RSA 540:3, II).

2. The Landlord and Tenant Writ

If the tenant does not vacate by the date specified in the Notice to Quit, the landlord must file a Landlord and Tenant Writ in the Circuit Court District Division.

• Service of Process: The Writ must be served on the tenant by a Sheriff.
• The Appearance: The tenant must file an "Appearance" form by the date listed on the Writ if they wish to contest the eviction. If they fail to do so, the landlord can win a "Default Judgment."

3. The Hearing and Writ of Possession

If the tenant contests the eviction, a hearing will be held within 6 to 10 days of the filing of the Appearance (RSA 540:13, V).

• The Judgment: If the court rules in favor of the landlord, a judgment for possession is issued.
• The Writ of Possession: This is the final legal document that authorizes the Sheriff to physically remove the tenant. It cannot be issued until the 7-day appeal period has expired, meaning it is typically issued on the 8th day after the judgment is entered (RSA 540:14, I; RSA 540:20).

New Hampshire Eviction Snapshot

Professional Advice: Property Classification and "Good Cause"

In New Hampshire, your obligations depend on whether the property is classified as "Restricted" or "Nonrestricted" under RSA 540:1-a:

• Restricted Property (RSA 540:1-a, II): Includes most residential real estate, such as apartment complexes and non-owner-occupied multi-family homes. For these properties, a landlord may ONLY terminate a tenancy for "Good Cause" (RSA 540:2, II). Per AIMCO Props., LLC v. Dziewisz (2005), the expiration of a lease term does NOT constitute good cause.
• Nonrestricted Property (RSA 540:1-a, I): Includes single-family houses where the owner owns 3 or fewer houses, and rental units in an owner-occupied building of 4 units or fewer. For these properties, a landlord may terminate a tenancy for any reason (RSA 540:2, I).

Always ensure your reason for termination aligns with the correct property classification to avoid your case being dismissed.

How Landager Helps

Landager's "Eviction Workflow" for New Hampshire ensures every notice is served correctly. Our system generates the RSA 540-compliant 7-day and 30-day Notice to Quit templates and tracks the exact expiration dates. We also provide a direct link to the New Hampshire Circuit Court's electronic filing system, ensuring you move from notice to writ without administrative delays.

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