The Eviction Process in New Hampshire: RSA 540

Evicting a tenant in New Hampshire is a strictly regulated judicial process governed by RSA 540. There are no shortcuts. A landlord cannot attempt a "self-help" eviction by changing the locks, shutting off utilities, or physically removing the tenant's belongings. Every single eviction must proceed through the New Hampshire District Court.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. The eviction framework requires precise timing. Always consult a licensed New Hampshire attorney for advice specific to your situation. Information last verified: March 2026.

Step 1: Demand for Rent (Nonpayment Cases)

If the reason for eviction is the tenant's failure to pay rent, the landlord must first serve a 7-Day Demand for Rent under RSA 540:3.

This notice demands that the tenant pay the full outstanding balance within 7 days. If the tenant pays the entire amount due within those 7 days, the eviction process is immediately halted and the tenancy continues.

Important: This 7-day demand is a prerequisite before serving the 30-day notice to quit. You cannot skip it.

Step 2: The Notice to Quit

If the tenant fails to comply with the 7-day demand (in a nonpayment case), or if the eviction is for other legal grounds, the landlord must serve a formal 30-Day Notice to Quit.

Grounds for a Notice to Quit (RSA 540:2)

New Hampshire law specifies the following "good cause" reasons for eviction:

• Nonpayment of Rent: (After the 7-day demand has expired unfulfilled).
• Substantial Lease Violation: The tenant has materially breached a term of the lease.
• Behavior Injurious to Others: The tenant's conduct is destructive to the property or disturbing to other tenants.
• Failure to Vacate After Lease Expiration: The tenant's fixed-term lease has expired and they remain in the property.
• No Cause (Periodic Tenancy): For month-to-month tenancies where no lease violation exists, the landlord may terminate by providing 30 days' notice. However, this notice cannot be retaliatory (RSA 540:13-d).

Serving the Notice

The notice must be served either in person (hand-delivered to the tenant or a person of suitable age at the premises) or by certified mail with return receipt requested. Improper service is the most common reason for eviction dismissals in New Hampshire courts.

Step 3: Filing the Landlord and Tenant Writ

If the tenant does not vacate by the end of the 30-day notice period, the landlord must file a Landlord and Tenant Writ with the New Hampshire District Court in the county where the property is located.

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

Step 4: The Hearing and Writ of Possession

At the hearing, the landlord must prove the eviction is legally justified.

If the judge rules in favor of the landlord:

1. A Judgment is issued ordering the tenant to vacate.
2. If the tenant does not leave, the landlord requests a Writ of Possession from the court.
3. The Writ of Possession authorizes the county Sheriff to physically execute the eviction and restore possession of the property to the landlord. Only the sheriff can perform the physical lock-out.

Anti-Retaliation Protections

Under RSA 540:13-d, a landlord cannot evict a tenant in retaliation for:

• Complaining to a government authority about code or safety violations.
• Joining or organizing a tenant's union.
• Exercising any legal right granted under state or federal law.

If a landlord serves a 30-day no-cause notice to quit within 6 months of a tenant's protected complaint, a rebuttable presumption of retaliation arises, shifting the burden of proof onto the landlord.

Automating Eviction Timelines

A single procedural misstep—such as filing the Landlord and Tenant Writ before the full 30-day notice period has actually elapsed—will result in a New Hampshire judge dismissing the case outright. Landager auto-calculates the precise calendar deadlines for the 7-day demand and the 30-day notice to quit, automatically generating compliant RSA 540 eviction notices and flagging the earliest possible court filing date.

Back to New Hampshire Landlord-Tenant Laws Overview.