Updated June 06, 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: Adobe 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: Adobe PDF, MS Word (.docx), 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 (Process)
Step 1 – 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).
Step 2 – 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).
Step 3 – If the Judge rules in the favor of the landlord then a Writ of Possession will be issued. This form must be taken to the local county sheriff’s office and a legal lock-out of the property will be conducted if the tenant does not vacate themselves.
How To Write (Notice To Quit)
1 – Preparing To Write
Make sure to obtain a copy of the signed Rental Agreement held by the Lessor and Lessee. Then, download the New Hampshire Notice To Quit by clicking on the buttons labeled “PDF,” “ODT,” or “Word.”
2 – Introductory Information
The Addressee of this paperwork must be documented at the top of this page. Report his or her Name on the blank line after the word “To” below the Title of this Notice.
It will be important to pinpoint the location of the premises being referred to. This information should be found on the Rental Agreement then input across the blank lines in the first statement (in this order) City, County, Zip Code, Building/Street, and Apartment.
Finally, it is time to solidify the Rental Agreement the Notice concerns by citing the Signature Date of that Lease for that premises in the second statement. Use the three blank lines here to report the Calendar Date, Month, and Year of the Signature as reported on the Rental Agreement.
3 – Providing A Notice to the Tenant
If this Notice is a Notice from a Landlord to a Tenant, then select one of the next three statements and proceed to Step 5. If this Notice is from a Tenant, then skip this section and Proceed to Step 4.
Choose the “Nonpayment” Notice to give the Tenant Seven Days to remit payment for an overdue rent or abdicate his or her right to remain on the Leased Property. This type of Notice requires the Name of an alternate Authorized Agent to receive the payment. The Total Amount of Rent Due, the Rent Amount Required to be Paid, and the Rental Period this Amount this payment will apply to on the blank spaces provided.
Choose the “Noncompliance” Notice to give the Tenant Thirty Days to correct his or her violation of the Lease Agreement or to leave the premises and yield control of the Property to the Landlord.
Choose the “Month to Month Tenancy – I am your Landlord” Notice to give a Tenant in a Month to Month Lease at least Thirty Days ‘Notice until the Lease expires. This Date must be defined on the three blank spaces by entering the Day, Month, and Year it will end on the first, second, and third blank spaces.
If you are a Landlord or Authorized Agent of the Landlord, proceed to Step 5.
4 – Providing a Notice to the Landlord
If you are a Tenant defining the Termination Date of a Month to Month Tenancy for a Landlord, then choose the “Month to Month Tenancy – I am your Landlord” Notice. Fill in the Day, Month, and Year of this end date on the first second and third blank lines. This date must be Thirty Days or more from the Landlord’s receipt of this Notice. If you are a Tenant, proceed to Step 6.
5 – Disclosing Landlord Intention
Landlords and/or their Agents that issue this Notice must provide their Signatures on the designated line “Landlord/Agent Signature.” This may be found below the paragraph near the bottom of the page.
6 – Recording the Delivery
In the section, “Certificate of Service,” the person serving this Notice to the Recipient must present several facts at the time of Delivery. The first will be the Date the issued Notice was delivered. This will need to be written out in the statement provided by filling in the Day, Month, and Year this action was completed. The Server will also need to enter the Complete Name of this Notice’s initial Recipient on the space preceding the word “by.” The Server of this paperwork should also mark one of the check box statements. These will each describe a method of Delivery regarding either the Identity of the initial Recipient or if it had to be Mailed through U.S.P.S First Class Mail. Once this is done, the Server of this Notice must Sign his or her Name on the line labeled “Signature.”
