Updated August 17, 2023
A New Hampshire eviction notice is a document intended for landlords seeking to notify a tenant that they are no longer in compliance with their rental contract. The notice should include the specific violation and the steps the tenant must take to fix the issue. This is commonly for late rent but can be for any noncompliance. If the tenant does not return to compliance within the statutory term the lease may terminate with the landlord able to file an eviction lawsuit at the local district court.
By Type (2)
Notice to Quit (For All Lease Violation Types) – Check the appropriate box on the form for the notice that best matches the tenant’s violation:
Non-Payment of Rent – 7 days’ notice. The Demand for Rent is required to be attached.
Non-Compliance – 30 days’ notice.
In most cases, the tenant shall have the right to cure the violation. In relation to non-payment, the tenant shall have seven (7) days plus must pay a $15 fee along with any other charges claimed by the landlord. If the tenant has received a demand notice 3 times in a twelve-month period, he or she will not be able to cure the violation.
Download: PDF
30-Day Notice to Quit (Month-to-Month Tenancy)– This form is for use when either party wishes to end a month-to-month tenancy.
Download: PDF, MS Word, OpenDocument
Table of Contents |
Eviction Laws
- Rent Grace-Period: None.
- Non-Payment of Rent: 7 days. § 540:2 II(a) and § 540:3 I
- Non-Compliance: 30 days. § 540:3 II
- Substantial Damage to Property: 7 days. § 540:2 II(b) and § 540:3 II
- Termination (Month-to-Month Lease): 30 days. § 540:3 II
- Filing an Eviction: Chapter 540 (Actions Against Tenants)
Court Forms
Landlord and Tenant Writ (NHJB-2333-DP) – To file an eviction case against their tenant, the landlord will need to obtain this form from the District Court Clerk’s Office. The court will charge fees for the document as well as the filing of the case and supporting documents.
Affidavit of Damages and Statement of Claim – If the tenant is being evicted for delinquent rent payments, this affidavit is used by the landlord to file their claim (must be notarized).
Affidavit of Ownership – The landlord may be compelled by the court to complete this affidavit which states their ownership of the property concerned.
Affidavit of Military Service – States the tenant’s military service (if any).
Appearance Form – This form is used by the tenant if they wish to confirm their presence at the eviction hearing.
When is Rent Due?
Rent is due on the date specified in the lease. If it is not received by the landlord on that date, it is considered late and the landlord may proceed with a demand notice.
How to Evict (3 steps)
- Deliver Demand for Rent or Eviction Notice to Tenant
- File Forms with District Court
- Obtain Writ of Possession
1. Deliver Demand for Rent or Eviction Notice to Tenant
In New Hampshire, before a landlord can begin eviction proceedings, he or she must inform the tenant of any breach of the lease and give them an opportunity to fix it. If it is a breach for non-payment, the landlord must deliver a Demand for Rent and an Eviction Notice and give the tenant 7 days to pay. If it is for another breach other than non-payment of rent, the landlord may provide a non-compliance notice, such as a Notice to Quit (For All Lease Violation Types).
2. File Forms with District Court
If the tenant fails to cure the breach (either pay all the rent that is due or fix the issue that caused the lease to be violated), the landlord may proceed to the local district court and file the following forms:
- Landlord and Tenant Writ (NHJB-2333-DP)
- Affidavit of Damages and Statement of Claim
- Affidavit of Ownership
- Affidavit of Military Service
In addition, the Appearance Form will schedule a hearing date and there will be a fee assessed in the amount of $125 plus $1 for the Writ (NHJB-2333-DP).