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A New Hampshire eviction notice is a legal document used by landlords to notify tenants that they must vacate the property by a specific date. The purpose of an eviction notice is to initiate the eviction process and warn the tenants that legal action will be taken if they do not comply.
An eviction notice is necessary when a tenant has violated the terms of their lease agreement or has failed to pay rent. Landlords must follow specific procedures and provide adequate notice before they can begin the eviction process in New Hampshire.
Types of Eviction Notices in New Hampshire
There are several different types of eviction notices that landlords can use in New Hampshire, depending on the reason for the eviction and the amount of notice required by law.
Notice to Pay Rent or Quit
Eviction for not paying rent requires a written notice to quit or leave and a 7-day notice period. This means that the landlord must provide written notice to the tenant stating that they must vacate the property within 7 days due to non-payment of rent.
Non-compliance
A non-compliance eviction notice in New Hampshire may also be a 30-day notice, which means that the tenant has 30 days to either correct the issue or vacate the premises.
Month-to-Month
In a month-to-month tenancy, either the landlord or the tenant can terminate the lease with a 30-day notice as long as they give the notice before the start of the next rental period.
Substantial Damage
If a tenant causes significant damage to the rental unit or common areas, the landlord can serve a 7-day non-compliance eviction notice.
Danger to Health and Safety
A landlord in New Hampshire can issue a 7-day eviction notice to a tenant who participates in an activity that directly threatens the health or safety of other tenants, the landlord, or their representatives.
This could involve illegal activities like drug use or violence, as well as neglect like failing to properly dispose of garbage or enabling mold to develop unchecked.
Eviction Laws and Requirements in New Hampshire
Laws & Requirements
Rent Grace Period. There is no grace period in New Hampshire.
Non-payment of Rent. A written notice to vacate and a 7-day notice period.
Non-compliance. 30 days.
Month-to-Month. 30 days before the start of the next rental period.
Substantial Damage. 7 days.
Danger to Health and Safety. 7 days.
When Is Rent Late in New Hampshire?
In New Hampshire, rent is considered late if it is not paid on the date specified in the lease agreement. If the lease doesn't state when the rent is due and the landlord and tenant have agreed on a date, then the rent is late if it isn't paid by that date.
Grounds for Eviction in New Hampshire
In New Hampshire, landlords can only evict tenants for "good cause," which includes five specific reasons, namely:
Grounds for Eviction
Failure to pay rent
Substantial damage to the premises
Behavior that affects the health and safety of others
Violation of the lease
Another good cause
It's important to note that the landlord must have a "good" reason for eviction and cannot evict a tenant for discriminatory reasons or in retaliation for the tenant exercising their legal rights.
Eviction Process in New Hampshire
In New Hampshire, the eviction process follows a specific set of regulations.
#1. Write a Notice
In New Hampshire, before the landlords can file for eviction, they must provide the tenant with a written notice of the grounds for the eviction and an opportunity to correct the problem.
#2. File the Complaint
If the tenant fails to remedy the issue or vacate the property by the deadline in the notice, the landlord can file a complaint with the court. The complaint must include a statement of the facts that gave rise to the eviction, and the landlord must pay a filing fee.
#3. Serve the Tenant
The complaint will be served on the tenant, who then has the right to respond. If the tenant fails to respond, the court may enter a default judgment against them.
#4. Wait for Court’s Judgment
If the tenant responds, the court schedules a hearing to determine whether the eviction is warranted. Both the landlord and the tenant will have the opportunity to present evidence and arguments. If the court finds in favor of the landlord, a writ of possession will be issued, and the tenant will have a set amount of time to vacate the property.
Other Eviction-Related Forms in New Hampshire
Other Eviction-Related Forms
Landlord and Tenant Writ. Used to begin the eviction process in the state of New Hampshire, the Landlord and Tenant Writ is filed with the court and served on the tenant. It provides notice of the landlord's intention to seek possession of the rental property.
Affidavit of Damages and Statement of Claim. This form is used in cases where the landlord asserts a claim for back rent. It can only be considered if the tenant defaults (they do not respond to the eviction notice or show up to court).
Appearance/Withdrawal Form. It is a general form used to enter an appearance or to withdraw an appearance in a court case.
Affidavit of Military Service. This form is used to provide information to the court regarding whether the respondent/defendant in an eviction case is in the military service or not, and if so, to provide the necessary information about their branch of service and address.
Motion for Continuance. Used to request a delay in the eviction process, a Motion for Continuance may be used by either the landlord or the tenant and must be filed with the court prior to the scheduled hearing date.
Eviction Information for Landlords in New Hampshire
Landlords have an obligation to provide their tenants with a safe and sanitary dwelling that meets health and safety standards established by building and housing codes. If a tenant fails to pay rent or violates the terms of the lease, landlords have the right to pursue legal action to evict the tenant.
They also have the right to seek damages from tenants who cause damage to the rental unit beyond normal wear and tear.
Eviction Information for Tenants in New Hampshire
It is essential for tenants to carefully read their leases before signing them. Tenants should also be aware of the minimum standards for rental property and their right to live in a safe and sanitary environment.
In addition, they should be aware of the resources available to them for protecting their rights, like local code enforcement departments, mediation services, and legal aid organizations.
On the other hand, they are responsible for maintaining the landlord's property in an acceptable manner, giving proper notice before moving out, and ensuring their own personal property.
How to Write an Eviction Notice in New Hampshire
Providing a proper eviction notice is essential for landlords who wish to evict a tenant for valid reasons. Here are the six steps to follow when writing an eviction notice:
New Hampshire Eviction Notice Checklist
New Hampshire Eviction Notice FAQ
The five good causes for eviction in New Hampshire are failure to pay rent, substantial damage to the premises, behavior that affects the health and safety of others, violation of the lease, and any other good cause.
You need an eviction notice to notify the tenant that you intend to evict them for a valid reason.
If the tenant does not contest the eviction, it can take as little as a few weeks to complete the process. However, if the tenant contests the eviction, it can take several months or more to resolve the case in court.
No, a 3-day eviction notice is not legal in New Hampshire. The minimum notice period for most types of evictions in New Hampshire is 7 days.