Which notice does a New Hampshire eviction need?
Start with the reason. Nearly every apartment building is restricted property under RSA 540:1-a, so RSA 540:2 II limits evictions to listed grounds. RSA 540:3 then sets the notice: 7 days for nonpayment, substantial damage, behavior that affects others’ health or safety, or the domestic violence ground in 540:2 II(h), and 30 days for everything else.
Every eviction notice must state the reason with specificity (RSA 540:3 III). A nonpayment notice must also tell the tenant about the right, if any, to stop the eviction by paying the arrears and liquidated damages under RSA 540:9.
| Ground | Notice | Extra step |
|---|---|---|
| Nonpayment of rent | 7 days | Demand for rent, served before or with the notice |
| Substantial damage or safety threat | 7 days | State the facts specifically |
| Material lease violation | 30 days | State the term violated |
| Other good cause based on tenant conduct | 30 days | Prior written warning |
| Other good cause, business or economic reason | 30 days | None beyond the notice |
| Lease of 12 months or more ending | 60 days before expiration | File within 6 months after it ends |
Serving the demand for rent and eviction notice
Under RSA 540:5, any adult can serve a demand for rent or eviction notice, either in hand or by leaving it at the tenant’s last and usual place of abode. The demand may be served any time after rent is due, as long as it comes before or with the eviction notice, so most owners serve both on the same day.
Prove service with a true and attested copy of the notice plus an affidavit of service, which does not need to be sworn. The district court publishes demand and eviction notice forms, and the statute says a valid notice must contain the same information as those forms even if you use your own.
Good cause and what a buyer inherits
Owners of restricted property can’t end a tenancy without a listed reason. One of them, other good cause, includes any legitimate business or economic reason and need not rest on anything the tenant did (RSA 540:2 V). When it is based on the tenant’s conduct, though, you must first give a written warning that the conduct would be grounds for eviction, served under RSA 540:5 or by certified mail (RSA 540:2 III).
A tenant’s refusal of a rent increase is good cause if you gave 30 days’ written notice of the amount and date (RSA 540:2 IV). A lease of 12 months or longer can be ended at expiration with 60 days’ written notice and a filing within 6 months, and that no-fault termination may not be reported as an eviction on screening reports (RSA 540:2 II(i) and VIII). RSA 540:2 was last amended effective July 1, 2026, so check notice forms written before then.
The New Hampshire eviction case after October 8, 2026
Once the notice runs, you obtain a landlord and tenant writ of summons returnable in the circuit court’s district division, and the sheriff serves it. The writ is returnable 7 days from service, and you can add a claim for unpaid rent, though any money judgment in the possessory action is capped at $1,500 (RSA 540:13 III). 2026 N.H. Laws chapter 308 rewrote the rest of the schedule.
- Tenant files an appearance by the return day on the writ.
- Tenant files an answer with any defenses or counterclaims no more than 5 days after the return date (RSA 540:13 II).
- Any motion to continue for discovery is due within 5 days after the return day, and a party seeking discovery must say which defense or claim it relates to (RSA 540:13 IV).
- Hearing scheduled within 10 days after the appearance, with notice mailed at least 6 days ahead (RSA 540:13 V).
- No appearance, or no-show at the hearing: default, with notice mailed the next day.
- After a contested hearing, the court mails notice of judgment within 2 days; 7 days later it enters judgment for the landlord and issues the writ of possession (RSA 540:13 V).
- The sheriff serves the writ of possession and removes the tenant (RSA 540:14 I).
Continuances, surprise defenses and appeals
Motions to continue should not be granted without good cause or agreement (RSA 540:13 V-a). If the tenant raises a defense at the hearing that you had no notice of, you get a continuance of up to 7 days unless you ask for longer (RSA 540:13 IV-a).
Appeals go straight to the Supreme Court. A party must file a notice of intent to appeal in the district court within 7 days of the notice of judgment (RSA 540:20) and a notice of appeal in the Supreme Court within 30 days. In a nonpayment case, the tenant pays the weekly rent set in the judgment into court, starting at the notice of intent, and a missed payment brings a default notice and a writ (RSA 540:25). A tenant who files post-judgment motions must also keep paying rent.
New Hampshire eviction timeline
The steps below follow a contested nonpayment case under the rules in force since October 8, 2026.
| Step | Deadline | Rule |
|---|---|---|
| Demand for rent and eviction notice | 7 days for nonpayment | RSA 540:3, 540:5 |
| Writ of summons served | Returnable 7 days from service | RSA 540:13 III |
| Tenant appearance | By the return day | RSA 540:13 II |
| Tenant answer | Within 5 days after the return date | RSA 540:13 II |
| Hearing | Within 10 days after the appearance | RSA 540:13 V |
| Notice of judgment | Within 2 days after the hearing | RSA 540:13 V |
| Writ of possession | 7 days after the judgment notice is mailed | RSA 540:13 V |
| Notice of intent to appeal | 7 days after notice of judgment | RSA 540:20 |
Paying to stay, retaliation and self-help
New Hampshire tenants have a statutory right to cure. A nonpayment case is dismissed if, before the hearing on the merits, the tenant pays all rent due, other lawful lease charges, $15 in liquidated damages and your filing and service fees (RSA 540:9). A tenant can use this no more than 3 times in 12 months. If you accept arrears while the case is pending, tell the tenant in writing that you still intend to proceed, or you risk creating a new tenancy (RSA 540:13 VII).
Retaliation for a code complaint, a 540-A action or meeting with other tenants is a defense, but not when the tenant owes a week’s rent or more (RSA 540:13-a). A tenant who wins on retaliation can recover up to 3 months’ rent (RSA 540:14 II).
Lockouts and utility shutoffs are banned by RSA 540-A:3 except through proper judicial process. Violations bring the civil remedies of RSA 358-A:10 plus costs and attorney’s fees, and each day a violation continues after a temporary order is a separate violation (RSA 540-A:4 IX).
Federal overlays: CARES Act and SCRA
If the building carries a federally backed mortgage, such as a Fannie Mae, Freddie Mac or FHA-insured loan, or is in a covered federal housing program, Section 4024(c) of the CARES Act (15 U.S.C. 9058(c)) bars requiring a tenant to vacate until 30 days after a notice to vacate. The 120-day moratorium ended in 2020, but the 30-day text is still in the statute and courts have split on whether it still applies. At a covered building, a 30-day notice is the safer choice over the 7-day notice.
Before a default, file the affidavit on military status that 50 U.S.C. 3931 requires.
Worked example: one nonpaying unit in Manchester
Assume a 12-unit Manchester building, a unit renting for $1,700, and a tenant who misses rent on August 1, 2027. Assume a $1,500 flat attorney fee, a tenant who appears and contests, and sheriff service dates set by assumption where no statute fixes them.
You serve the demand and 7-day notice on August 2, and they expire August 9. The sheriff serves the writ August 11, making the return day August 18 and the answer due August 23. The hearing is August 26, notice of judgment is mailed August 27, and the writ of possession issues September 3. If the sheriff serves it on September 7, you have the unit back that day.
That is 37 days without rent. At $55.89 a day ($20,400 a year divided by 365), lost rent comes to $2,068, and with the $1,500 fee the eviction costs about $3,568 before filing fees, sheriff fees and turnover.
| Item | Assumption | Amount |
|---|---|---|
| Lost rent | 37 days at $55.89 | $2,068 |
| Attorney fee | Flat fee | $1,500 |
| Total | Before court and sheriff fees | $3,568 |
Alternatives to a New Hampshire eviction
Because a tenant can cure up to 3 times in 12 months, a written payment plan often beats a case that ends with the tenant paying at the last minute anyway. Set the dates and amounts, and say what happens on a miss.
For a tenant who can’t catch up, cash for keys trades a move-out date for a payment. A signed statement from each adult tenant relinquishing possession also gives you a clear defense under RSA 540-A:4 XII if anyone later claims a lockout.
Selling a New Hampshire building with an eviction pending
You can sell with a case open, and the buyer takes the building subject to the tenancies and the good-cause rules. The purchase agreement should assign your claims, say who controls the case and who keeps any rent or judgment collected, and the buyer’s attorney decides whether to continue or refile.
Disclose every demand, notice, writ and pending case, and collect tenant estoppel certificates. Our guide to New Hampshire landlord-tenant law covers the certified-mail deposit transfer that applies at closing.
Selling your New Hampshire apartment building to Skyline
Skyline Capital Investments buys apartment buildings with five or more units in New Hampshire with tenants in place, including buildings with arrears, notices served or possessory actions on the docket.
Send the address and unit count through the form on this page or call (469) 660-2977. We typically respond within 48 hours.
