Are you a residential landlord or property management professional in New Hampshire? If so, you’ll likely already know that managing a rental property can be challenging, with many tasks that need to be completed. One of the toughest jobs to deal with is an eviction and for a number of reasons, they’re on the increase across the United States. As such, it’s essential to have a firm grasp of New Hampshire eviction laws and what you might expect when filing for one.

If you’ve never gone through the eviction process before, it can seem like a pretty daunting prospect. However, with a little know-how, that doesn’t have to be the case and in this article, we’ll be covering all of the important things that you need to know to ensure you not only operate fairly but also legally. 

So, come with us now as we explore New Hampshire landlord tenant law in some detail so that you’re fully equipped with the knowledge you need when the need to evict arises.

How Much Notice Does A Landlord Have To Give a Tenant To Move Out In New Hampshire?

No matter how organized and diligent you are when managing your rental property, there are times when it could become unavoidable. When it does, the landlord must follow New Hampshire law when it comes to how much notice must be given to tenants and it can vary, based on the reason for eviction. 

Reason #1 - Non-Payment of Rent (7 Day Notice)

Should your tenant fail to pay their rent, you must issue a 7-day notice to quit. On this notice, you’ll be demanding full payment within seven days, after which they must vacate the property. Naturally, if the owed rent is then paid, the eviction process is halted.

Reason #2 - Lease Violations (30 Day Notice)

When a tenant breaks the terms of their lease (e.g. by keeping unauthorized pets or subletting illegally) a 30-day notice must be provided. This is to give your tenant sufficient time to rectify the problem. However, if the issue isn’t resolved during this time, the New Hampshire eviction process can start. 

Reason #3 - Month-to-Month Terminations (30 Day Notice)

There may also be occasions when you, as the landlord, wish to end a month-to-month tenancy. While many states don’t require a reason for this path to be taken, New Hampshire law is different. Instead, a valid reason must be given, such as the rental property is being sold or the rent is overdue. In these cases, 30 days’ notice is required. 

Reason #4 - Illegal Activity (Immediate Eviction)

If the lease violation is a severe one, such as illegal activity taking place at your property, then a shorter notice period, or indeed no eviction notice period may apply. As such, it could be possible to start the eviction straight away. 

Pro Tip: It’s important to know that notices must be delivered in person, sent via certified mail, or posted conspicuously on the tenant’s door. As we’ll cover in more detail later, serving a notice incorrectly constitutes grounds for appealing the eviction.
Related: Maine Evictions | Laws and Protections

What Is the Eviction Timeline in New Hampshire from Serving the Notice to the Eviction Execution?

So, how long does the eviction process take in New Hampshire? Well, that largely depends on a number of factors. To provide some clarity on how long it might take for the whole thing to be over, we now take a look at each component of a standard eviction, as well as potential complications you might face. 

  • Serving the Eviction Notice: The process begins when the landlord serves the appropriate notice, be it 7 days for non-payment of rent or 30 days for a lease violation. The tenant has the specified period to either comply (by paying rent or remedying the violation) or vacate the property.
  • Waiting Period: If the reason for eviction is non-payment of rent, you can file for eviction on Day 8. However, if it’s related to lease violations filing can happen on Day 31.
  • The Court Hearing: If the notice period expires with no resolution being found, the housing court hearing is the next step. This typically occurs within 10 days, although it could be longer depending on the judge’s availability and the court’s schedule. 
  • Tenant Appeals: New Hampshire eviction laws also give your tenant the right to appeal, which can add a substantial amount of time to the process. See below for more information on the reasons why your tenant might appeal.
  • Eviction Execution: If the judge rules in your favor, a Writ of possession is issued, after which the tenant usually has around 3 to 5 days to vacate voluntarily, before law enforcement becomes involved. 

If you’re lucky, the process can take as little as 3 to 6 weeks. However, if there’s an appeal made and it’s successful, it could add months to the wait. 

Pro Tip: To avoid delays, you should always double-check that your eviction notice is correctly served and all documentation is accurate. Even if there are what seem to be minor errors on it, it can give tenants grounds to delay or appeal the process.

What Happens After the Given Notice Period Is Over in New Hampshire? 

Once the appropriate eviction notice period has expired, you face two possible outcomes: 1) the tenant either vacates the rental property voluntarily or 2) they refuse to leave. Here’s how to approach each one.

Outcome #1 - Your Tenant Vacates Voluntarily

Should the tenant simply move out of the property by the end of the notice period, it’s important that you promptly carry out a thorough inspection to check for damage beyond what you might classify as ‘normal wear and tear’. At this point, it’s wise to take photos/videos of the property’s condition, as it will strengthen your hand in the event of a dispute over the security deposit. 

New Hampshire law states that you must return the security deposit within 30 days of them vacating your rental unit, minus any deductions for unpaid rent or damage etc.

Outcome #2 - Your Tenant Refuses to Leave 

In the event that your tenant refuses to leave your property after the notice period has passed, you can officially start the eviction process by filing an eviction lawsuit - that’s called a Landlord and Tenant Writ in New Hampshire - at the district court.

What you absolutely should never do as a landlord is engage in any ‘Self-Help’ eviction measures. That means it’s unlawful to change the locks on your property or shut off utilities in an attempt to force them out. Literally, no good can come from it. In fact, you could end up paying fines and damages while having your eviction case thrown out!

Pro Tip: If a tenant refuses to leave after the notice period, you should avoid any direct confrontations and let the legal process handle it. It’s what it’s there for.

Reasons Why Tenants Can Appeal an Eviction in New Hampshire

As we alluded to earlier in this article, tenants in New Hampshire have the legal right to appeal an eviction judgment within 7 days of the court judgment (which may or may not happen on the day of the eviction hearing). As such, if they feel that the court’s decision was either unfair or based on incorrect information, they can contest the judge’s decision. Furthermore, if they can prove any of the following, they will likely be successful.

  • Reason #1 - The Notice Wasn’t Served Correctly - One of the most common grounds for a tenant appeal is claiming that the landlord failed to properly serve the eviction notice. New Hampshire eviction law requires notices to be delivered in person, sent via certified mail, or posted conspicuously on the rental property. If you don’t do so, you are likely to lose in court.
  • Reason #2 - Not Keeping the Rental Property Habitable - Tenants have a right to a safe, habitable home that has heat and working plumbing. If issues have been previously reported and you did nothing to address the problem, it could lead to a ruling in the tenant’s favor. 
  • Reason #3 - A Retaliatory Eviction - Reporting a code violation or joining a tenant union are actions that every tenant has the right to take. And if your tenant feels that you’re trying to evict them in retaliation for doing so, the court’s decision can be appealed. 
  • Reason #4 - Claims of Discrimination - There’s no place for discrimination in the modern world and the same applies to evictions in the Granite State. If your tenant believes they were discriminated against because of their race, gender, religion, family status or sexuality, a Writ of Possession ruling can be overturned. 
  • Reason #5 - Court Proceeding Errors - Should the tenant believe that the court made an error in applying the law or evaluating evidence, they can appeal the eviction on legal grounds. This includes things like a misinterpretation of the lease agreement or overlooking critical parts of their defense.

Any appeals must be filed within 7 days of the judgment, meaning that the process can extend the timeline significantly - hence the reason why it’s imperative that everything is done right. 

Pro Tip: Even if you do win the initial eviction case, tenants can still appeal and remain in the property throughout the process. As such, be prepared for possible delays and make use of New Hampshire legal assistance to help you navigate any appeals that come up.
Related: Massachusetts Evictions | Laws and Protections

How to Prepare for an Eviction Court Hearing in New Hampshire

The likelihood of success or failure at your eviction hearing can very much depend on how prepared you are for it. With this in mind, here are some ways to ensure that you’re 100% ready to go when your court hearing comes around. 

Gather All of the Relevant Documentation Together

Within reason, you can’t have too much important documentation with you at your hearing. That means bringing copies of not just the lease agreement, but also payment records, and communication logs with the tenant. You should also bring proof of served notices, as well as details of any lease violations, complete with written reports and photos. 

Be Ready to Explain the Timeline

Housing court judges in New Hampshire are exceptionally busy people and they expect landlords to be able to clearly explain the reason for the eviction process being initiated. That’s why you should head into your hearing with a clear understanding of e.g. when rent was missed or when the lease terms were broken. Being clear and accurate in these cases is crucial to your success. 

Stay Professional & Calm in Court

During evictions, emotions can become raised. It’s only natural as it involves people potentially losing their homes. However, as a property management pro, you shouldn’t become embroiled in emotional arguments. Stay calm, and professional and address the judge respectfully at all times. If you’re able to do so, it’s going to help your case. 

Know What to Expect in Court

Something else to be aware of is that an eviction hearing is typically quite brief, lasting between 15 and 30 minutes. Each side presents evidence and the judge provides their decision shortly after and if it’s in your favor, you’ll get a Writ of possession. This might seem like a small detail, but knowing what’s coming helps you to stay calm and composed. 

Pro Tip: New Hampshire housing court judges move quickly due to heavy caseloads, so concise, organized presentations can make all the difference. The more efficiently you present your case, the more credible and professional you’ll appear in the judge’s eyes.

Frequently Asked Questions

We’ve covered a lot so far, but there’s still a chance we might not have covered what you needed to know about New Hampshire eviction laws. The good news is this section talks about other commonly asked questions on the subject. There’s a high likelihood you’ll find what you’re looking for here. 

Q: Am I able to evict a tenant if they make a partial rent payment after receiving an eviction notice?

A - Yes, you can still evict the tenant. However, when taking it, you must make sure that you clearly state in writing that accepting the partial payment does not cancel the eviction.

Q: Do I need to notify the tenant again before filing for eviction in court if the notice period has passed?

A: No, you don’t. If the notice period expires without the tenant complying, you can file for eviction immediately without re-notifying them of your intended action. 

Q: Can I include legal fees, court costs, or damages in the eviction process?

A: While court costs are usually recoverable, you can only recoup your legal fees if the lease agreement specifically says you’re allowed to do so. Also, if you want to claim for damages to your property, you’ll usually need to file a separate lawsuit after the eviction.

Q: What if my tenant abandons the property before the court date—is the eviction still necessary?

A: Yes, you still need to complete the eviction process to legally regain possession. This is because doing so protects you from potential claims if the tenant were to try and return.

Q: Can I evict a tenant during the winter in New Hampshire?

A: Yes, evictions can proceed during the winter months if you’re a landlord in New Hampshire. Unlike some states that don’t allow it, New Hampshire has no seasonal restrictions on evictions. That said, landlords must still follow the proper legal procedures.

Q: What happens if a tenant refuses to allow access for repairs or inspections?

A: If your tenant unreasonably refuses your lawful entry for repairs or inspections, it can be considered a violation of their lease agreement. As such, you can issue a notice to cure the violation, and then if your tenant doesn’t comply, this can be grounds for eviction.

Q: Do I need a lawyer to handle an eviction in New Hampshire?

A: While it’s not legally required to have a lawyer for eviction cases in New Hampshire, it is highly recommended. This is especially the case when the tenant contests the eviction or files an appeal. Legal representation can help avoid procedural mistakes that could ultimately delay the process.

Pro Tip: One of the best ways to avoid eviction headaches is to screen tenants thoroughly before signing a lease. By checking a potential tenant’s eviction records and rental references, you’ll be able to spot any red flags early and save yourself a whole load of hassle. 
Related: New York Eviction Laws Explained | Legal Guidelines

TenantCloud - Simplifying the Lives of Landlords Every Single Day

When you reach the point where eviction is necessary, it can be tough - particularly if it’s something you’re new to. However, by taking the right preventative steps and knowing the eviction laws in New Hampshire inside out, you’ll always be fully prepared for what’s to come - even if that means you have to visit your local district housing court from time to time. 

Something else that will make your life as a landlord easier is TenantCloud, the platform that’s built with property managers firmly in mind. Taking all of the legwork out of a range of common tasks, our software is packed with helpful features like maintenance tracking, automated rent collection and tenant screening. 

So, if you like the sound of hassle-free property management, we encourage you to take a look around our website to discover how TenantCloud’s tools can be a real game-changer. Before you leave us today, also be sure to check out our blog section for other helpful articles like this one.