The New Hampshire thirty (30) day notice to quit, under Section 540:3, is to be used to terminate a “tenancy at-will” (i.e. a month-to-month tenancy). The notice provides the tenant (or landlord) with thirty (30) days notice of the serving party’s intention to terminate the lease agreement. The notice must be served at least thirty (30) days prior to the date of lease termination. Although no specific reason is required for a landlord to terminate an “at-will” tenancy, the termination cannot be in discrimination or retaliation of the tenant. Download and print the notice out using the links provided below:
New Hampshire Eviction Process & Laws | Free NH Eviction Notices
The New Hampshire notice to quit allows the tenant to become compliant in with their lease agreement by paying the back-owed amount within seven (7) days (540:3(I)) or curing a material issue within thirty (30) days (540:3(II)). If, the landlord has received payment or provided an inspection and found the material issue to be non-existent, then the tenant should be in-compliance with their lease agreement. If the payment has not been made and/or the material violation has not been cured, the landlord will be able to file for an eviction. Download Link: .PDF How to Write Step 1 – At the top
How to Evict a Tenant (Process)
There are four main steps to the eviction process in New Hampshire. Like many other states, the process begins with the landlord serving the tenant with an eviction notice. The notice must be written, and it can be served by the sheriff, a process server, or the landlord.
Step 1 – The landlord must serve the notice to the tenant. It’s recommended that the landlord deliver the notice personally, however it can also be posted on the premises of the rental property (and then sent via certified mail). The landlord can also hire a process server to serve it for them, or have the sheriff serve it (for a fee).
Step 2 – After the notice period has expired and the tenant has failed to comply with the notice, the landlord must file a summons in the district court of the county where the rental property is located. After the summons has been filed, the tenant will be served a “landlord and tenant writ” by the sheriff’s office. The writ will inform the tenant of the action being sought against them, as well as as the “return date.” The return date is when the tenant must request a hearing by. This is done by filing an “appearance form.” The tenant must file this with the clerk’s office. If the tenant does not file the appearance before the return date, they will be in default and a court-ordered eviction will be issued.
Step 3 – If the tenant files an appearance, the court will mail the hearing date (i.e. “notice of hearing”) to both parties (landlord and tenant). The hearing date is typically six (6) to ten (10) days from the date that the appearance has been filed. Both the landlord and tenant are required to show up to the hearing. Failure of either party to show up will most likely result in a default judgement.
Step 4 – If the landlord wins the case, the court will issue a “writ of possession.” The writ will order the tenant to vacate the property, however the writ can only issued a minimum of eight (8) days after the judgement has been made. The writ of possession will be served to the tenant by the sheriff’s office. The tenant is only required to leave when the sheriff serves them the writ.
Note: “Self-help” evictions are illegal in New Hampshire.