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. 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. The tenant has the right to avoid eviction by paying all rent due, plus a $15 liquidated damage fee, before the notice expires (this right is limited to 3 times in a 12-month period).
• Substantial Damage or Safety Risk: A 7-day notice is permitted 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.

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.

• 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.

• 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 8 days after the judgment is entered (to allow for an appeal).

New Hampshire Eviction Snapshot

Professional Advice: The Eviction for "Any Reason"

In New Hampshire, if you are a landlord of a non-restricted property (e.g., you do not live in the building and it has more than 5 units), you cannot evict a tenant just because the lease ended. You must always have "Good Cause" under RSA 540:2. Always ensure your reason for termination is one of the specific grounds recognized by the statute 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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