New Hampshire eviction law

For unpaid rent, demand the rent and serve a written eviction notice giving at least 7 days. The notice must state the reason with specificity and tell the tenant of the right to avoid eviction by paying what is owed under the payment-after-notice rule.

RSA 540:2, II(a) RSA 540:3, II RSA 540:3, III RSA 540:3, IV

• The demand may be made any time after rent is due, before or together with the eviction notice, and may not ask for more than the whole rent in arrears. RSA 540:4 RSA 540:8
• Any person may serve the demand and the notice, in hand or at the tenant's home. Keep a true and attested copy with an affidavit of service. The district court publishes forms; you need not use them, but your notice must include the same information. RSA 540:5
• The case is dismissed if, before the hearing, the tenant pays all rent owed through that date, other lawful lease charges, $15 in liquidated damages and your filing and service costs, and you file a receipt with the court. A tenant may use this right no more than three times in 12 months. RSA 540:9
• You may not evict for nonpayment when the arrears are no more than what the tenant paid, with proof, to keep on utilities you had agreed to provide. RSA 540:2, VI
• While the case is pending you may accept the arrears without creating a new tenancy, if you tell the tenant in writing that you still intend to proceed. RSA 540:13, VII

Failure to comply with a material term of the lease is a ground for eviction on a written notice of at least 30 days that states the reason with specificity. Substantial damage to the home, or behavior that harms the health or safety of other tenants or the landlord, needs only 7 days.

RSA 540:2, II RSA 540:3, II RSA 540:3, III

• Before evicting for other good cause based on what the tenant, the tenant's family or guests did or failed to do, first give a written warning that such conduct would be grounds for eviction in the future, served like an eviction notice or by certified mail. RSA 540:2, III
• Willfully failing to prepare the unit for pest remediation after reasonable written notice and time is also a ground. RSA 540:2, II(g)
• A lease clause waiving any tenant right under the eviction chapter is void. RSA 540:28
• From October 8, 2026, after a hearing on a prohibited-practices petition, the court may order a tenant, household member or guest found to have willfully engaged in behavior harming others' health or safety, or to have willfully blocked emergency repairs, to vacate at once. RSA 540-A:2, III RSA 540-A:4, VII(b)

After the notice period ends, the landlord files a possessory action in the district court. The writ is returnable 7 days after the sheriff serves it. If the tenant files an appearance, a hearing is held within 10 days; only a court order can remove a tenant, and the sheriff carries out the writ of possession.

RSA 540:12 RSA 540:13, I RSA 540:13, III RSA 540:13, V RSA 540:14, I

• In a nonpayment case you may claim unpaid rent in the same action; any money judgment there is limited to $1,500, without stopping either side from suing separately for more. RSA 540:13, III
• From July 1, 2026, the end of a lease whose term (with renewals) is 12 months or longer is a ground for eviction, if you gave written notice at least 60 days before the term ends that the lease will not be renewed and file within 6 months after it expires. RSA 540:2, II(i)
• An eviction on that no-fault ground is not treated as an eviction for rental applications or tenant screening reports. RSA 540:2, VIII
• After judgment the court may delay the move-out, with the tenant paying weekly rent in advance. Until October 8, 2026 the delay may run up to 3 months; from that date it is up to 60 days, or up to 75 days in limited cases, and a tenant's default rules it out. RSA 540:13-c, I
• An appeal starts with a notice of intent to appeal filed within 7 days of the notice of judgment. In a nonpayment case the tenant must pay the weekly rent into court while the appeal is pending. RSA 540:20 RSA 540:25, I
• A limited liability company, corporation or partnership with five or fewer members may be represented in these cases by a member or employee with written authorization for each appearance. RSA 540:30
• From October 8, 2026, a tenant who contests must also file an answer stating any defenses and counterclaims within 5 days after the return day, and if the tenant raises a defense at the hearing you had no notice of, you are entitled to a continuance of up to 7 days. RSA 540:13, II RSA 540:13, IV-a

Never willfully cut off or interrupt a tenant's utilities, including water, heat, electricity, gas and sewer, whether or not you control them, except briefly during actual repairs or a temporary emergency. Never lock a tenant out, or hold the tenant's home or belongings, except through court process.

RSA 540-A:3, I RSA 540-A:3, II RSA 540-A:3, III

• A violation exposes you to the civil remedies of the Consumer Protection Act, with costs and attorney's fees, and each day it continues after a temporary order is a separate violation. RSA 540-A:4, IX(a)
• Where you unlawfully lock out a tenant and have already re-let the unit, damages are at least $3,000. RSA 540-A:4, IX(e)
• The court may issue temporary orders without notice on a showing of immediate irreparable harm. RSA 540-A:4, VIII
• You may remove, at the owner's expense, a vehicle or item blocking a common driveway, fire lane or dumpster, one leaking damaging fluids, or one in a posted no-parking area, unregistered, inoperable or parked against the lease, after the notices the statute sets for each case. RSA 540-A:3, II-a RSA 540-A:3, II-b

Store a departed tenant's belongings with reasonable care for 7 days after the tenant vacates, whether the tenant left voluntarily or by eviction. During those days the tenant may take them back without paying rent or storage fees. After 7 days you may dispose of them without notice.

RSA 540-A:3, VII

• A landlord who breaks the storage rule owes only actual damages, plus costs and reasonable attorney's fees. RSA 540-A:4, IX(b)
• A home is presumed abandoned if you leave a written abandonment notice at the unit and send it by certified mail to at least one adult tenant, and two of these are true: all adult tenants gave written notice of moving out and the date passed, all keys were returned, most belongings were removed, or rent went unpaid more than 91 days. The 7-day storage then starts the day after you serve the notice. RSA 540-A:4, XII
• The statute gives notice wording, in at least 12-point type, that is deemed sufficient. RSA 540-A:4, XII(d)
• In shared housing with the owner, the storage period is 3 days. RSA 540-B:9

Unless the tenant owes one week's rent or more, a tenant may defend an eviction by showing it retaliates for reporting a code or landlord-tenant violation in good faith, starting an action under the prohibited-practices chapter or the fitness defense, or meeting with other tenants for any lawful purpose.

RSA 540:13-a

• An eviction, rent increase or substantial change in the tenancy within six months after you receive notice of the report, finish the repair, learn of the tenant's action, or discover the tenant organizing is presumed retaliatory, unless the tenant's report was mainly meant to prevent an eviction. RSA 540:13-b
• A tenant who proves retaliation may be awarded up to three months' rent in damages. RSA 540:14, II
• After a tenant proves a prohibited practice, you may not bring an eviction within six months except for nonpayment, violation of a substantial lease obligation, or a violation of that chapter, nor take any other reprisal. RSA 540-A:4, XI