New Hampshire Notice to Vacate: 2026 Landlord Rules & Good-Cause Eviction
Reviewed by DocDraft Legal Team · New Hampshire · Last updated 2026-05-31
New Hampshire RSA Chapter 540 makes the state a good-cause jurisdiction for restricted property: under RSA 540:2, II, a landlord of restricted property may terminate a tenancy only for an enumerated reason, including nonpayment, substantial damage, a material lease violation, health or safety behavior, or other good cause. RSA 540:3 sets the eviction-notice periods at 7 days for nonpayment, substantial damage, health or safety behavior, or a remaining domestic-violence perpetrator, and 30 days for all other residential terminations. For nonpayment, the notice must inform the tenant of the right to avoid eviction by paying arrearages and liquidated damages under RSA 540:9. Service is allowed in person or by leaving the notice at the tenant's last and usual place of abode under RSA 540:5. After the notice period expires, the landlord files a possessory action by Landlord and Tenant Writ in the Circuit Court District Division under RSA 540:13.
How do I serve an eviction notice in New Hampshire?
Unlike states that let a landlord end a tenancy for no stated reason, New Hampshire is a good-cause state for restricted property: under RSA 540:2, II a landlord may terminate only for an enumerated ground. Once you have a valid ground, RSA 540:5 governs service. A notice of a demand for rent or an eviction notice may be served by any person and may be served upon the tenant personally or left at the tenant's last and usual place of abode. There is no requirement that a sheriff or officer serve the pre-suit notice. Proof of service is shown by a true and attested copy of the notice accompanied by an affidavit of service, and the affidavit need not be sworn under oath. For commercial rental property, RSA 540:5 additionally requires that a copy be sent by certified mail to the commercial tenant's last known legal address, or to a registered agent for non-residents.
How much notice does New Hampshire require for nonpayment of rent?
RSA 540:3 makes 7 days notice sufficient when the reason for termination is nonpayment of rent under RSA 540:2, II(a). The eviction notice must state the reason with specificity, and because it is based on nonpayment, it must inform the tenant of the right, if any, to avoid the eviction by paying the arrearages and liquidated damages in accordance with RSA 540:9. A notice of a demand for rent and the 7-day eviction notice are distinct documents; the demand for rent may be served any time after rent is due and prior to or simultaneously with the eviction notice.
How much notice does New Hampshire require for a good-cause termination?
RSA 540:3 makes 30 days notice sufficient in all residential cases except the four grounds that allow 7 days (nonpayment, substantial damage, health or safety behavior, or a remaining domestic-violence perpetrator). A termination for other good cause under RSA 540:2, II(e), or for a material lease violation under II(c), uses the 30-day eviction notice. A tenant's refusal to agree to a rent increase can constitute good cause under II(e), provided the landlord gave the tenant written notice of the amount and effective date of the increase at least 30 days before the effective date. New Hampshire does not provide an immediate, zero-day eviction notice; even the most serious grounds use the 7-day notice.
What happens after the notice period if the tenant does not vacate?
After the eviction-notice period expires and the tenant remains, the landlord commences a possessory action by filing a Landlord and Tenant Writ in the New Hampshire Circuit Court District Division for the jurisdiction where the property is located, under RSA 540:13. The writ of summons is returnable 7 days from the date of service by the sheriff. If the tenant files an appearance, a hearing is scheduled within 10 days after filing, with notice of the hearing mailed to the parties no fewer than 6 days prior. If the tenant fails to file an appearance or fails to appear at the hearing on the merits, the court mails a notice of default at least 3 days prior to issuing the writ of possession. The entry fee reported on the NH Judicial Branch fee schedule effective 07/01/2025 is $150, with sheriff service-of-process fees additional; confirm the current fee against the live schedule.
New Hampshire notice-to-vacate framework at a glance
New Hampshire RSA Chapter 540 sets a statewide good-cause regime for restricted property. Under RSA 540:2, II, a landlord of restricted property may terminate a tenancy only for an enumerated reason, including nonpayment, substantial damage, a material lease violation, health or safety behavior, other good cause, lead-hazard abatement, failure to prepare the unit for pest remediation, or a remaining domestic-violence perpetrator. This is a positive statewide requirement, not the absence of one. The good-cause limitation applies only to restricted property; nonrestricted property under RSA 540:1-a (single-family houses where the owner owns three or fewer, and owner-occupied buildings of four dwelling units or fewer) is exempt, RSA 540:3 sets two eviction-notice periods: 7 days for nonpayment, substantial damage, health or safety behavior, or a remaining domestic-violence perpetrator, and 30 days for all other residential terminations. The notice must state the reason with specificity, and for nonpayment must inform the tenant of the RSA 540:9 right to avoid eviction by paying arrearages plus $15 liquidated damages. Service follows RSA 540:5 (personal delivery or leaving the notice at the last and usual place of abode). Post-notice, the landlord files a possessory action by Landlord and Tenant Writ in the Circuit Court District Division under RSA 540:13. The New Hampshire Judicial Branch publishes a standardized Eviction Notice form (NHJB-3041-D) and the Landlord and Tenant Writ; no single fixed pre-suit notice form is statutorily mandated. Confirm form deep links on courts.nh.gov before relying on them.
Landlord Resources
New Hampshire Judicial Branch Circuit Court District Division
Official state judicial branch resource for landlord and tenant proceedings, publishing the Eviction Notice form (NHJB-3041-D) and the Landlord and Tenant Writ used in the possessory action under RSA 540:13.
New Hampshire General Court statute portal (RSA Chapter 540)
Official state legislature portal for the full text of RSA Chapter 540, including the good-cause grounds (540:2), eviction-notice periods (540:3), service rules (540:5), and the payment-after-notice right (540:9).
New Hampshire Judicial Branch landlord and tenant self-help
State judicial branch landlord and tenant information page covering the Circuit Court District Division possessory-action process, hearing scheduling, and writ of possession.
Relevant Laws
RSA 540:2 (Termination of Tenancy / good-cause grounds)
Limits termination of a restricted-property tenancy to the enumerated grounds, including nonpayment, substantial damage, material lease violation, health or safety behavior, and other good cause.
RSA 540:3 (Eviction Notice)
Sets 30 days notice for all residential tenancies, except 7 days for nonpayment, substantial damage, health or safety behavior, or a remaining domestic-violence perpetrator, and requires the notice to state the reason with specificity.
RSA 540:5 (Service of Demand and Eviction Notice)
Allows service by any person, in person or by leaving the notice at the tenant's last and usual place of abode, with a certified-mail copy required for commercial property; proof by a true and attested copy plus an affidavit of service.
RSA 540:9 (Payment After Notice)
Provides the pay-and-stay right: a nonpayment possessory action is dismissed if the tenant pays all rent and lawful charges plus $15 liquidated damages and the landlord's filing and service charges before the hearing, limited to 3 uses in any 12-month period.
RSA 540:13 (Writ; Service; Discovery; Record; Default)
Governs the possessory action: the writ is returnable 7 days from sheriff service, a hearing is scheduled within 10 days of a tenant appearance with notice mailed at least 6 days prior, and a default notice issues at least 3 days before the writ of possession.
RSA 540:13-a (Retaliatory Eviction)
Establishes the retaliation defense and a rebuttable presumption when a possessory action is instituted within 6 months of a tenant's protected report, with damages of up to 3 months' rent available to the tenant.
Federal SCRA, 50 U.S.C. 3955 (Termination of Residential Leases)
Federal protection allowing an active-duty servicemember to terminate a residential lease with written notice and orders, effective 30 days after the next monthly rent due date.
Regional Variances
New Hampshire Circuit Court District Division practice by region
Hillsborough County (Manchester and Nashua divisions)
Possessory actions on Manchester and Nashua properties route to the Circuit Court District Division covering Hillsborough County, the state's most populous county. The statewide RSA 540 framework controls: a 7-day eviction notice for nonpayment, substantial damage, health or safety behavior, or a remaining domestic-violence perpetrator, and 30 days otherwise, followed by a Landlord and Tenant Writ under RSA 540:13. High docket volume in the Manchester and Nashua divisions can push the post-appearance hearing toward the upper end of the 10-day window under RSA 540:13.
Rockingham County
Rockingham County properties file in the Circuit Court District Division for that jurisdiction. The same RSA 540:3 notice periods and RSA 540:13 writ sequence apply: the writ is returnable 7 days from sheriff service, a hearing is set within 10 days of a tenant appearance, and notice of the hearing is mailed no fewer than 6 days prior. Landlords should plan service-of-process timing with the assigned sheriff, whose fees are separate from the entry fee.
Merrimack County (Concord division)
Concord-area properties route to the Merrimack County Circuit Court District Division. Procedure follows RSA 540 statewide: confirm the property is restricted or nonrestricted under RSA 540:1-a to determine whether a good-cause ground is required, then serve the correct RSA 540:3 notice before filing the possessory action. The NH Judicial Branch entry fee effective 07/01/2025 is reported at $150 statewide, with sheriff service fees additional; confirm against the live fee schedule.
Suggested Compliance Checklist
Confirm the property type and the good-cause ground
Pre-notice days after startingDetermine whether the property is restricted or nonrestricted under RSA 540:1-a (single-family houses where the owner owns three or fewer, and owner-occupied buildings of four dwelling units or fewer are nonrestricted). For restricted property, identify which RSA 540:2, II ground applies: nonpayment, substantial damage, material lease violation, health or safety behavior, other good cause, lead-hazard abatement, pest-remediation failure, or a remaining domestic-violence perpetrator. The ground determines whether the notice period is 7 or 30 days.
Identify the correct notice period under RSA 540:3
Pre-notice days after startingRSA 540:3 makes 7 days notice sufficient for nonpayment (II(a)), substantial damage (II(b)), health or safety behavior (II(d)), or a remaining domestic-violence perpetrator (II(h)), and 30 days sufficient for all other residential terminations, including material lease violations (II(c)) and other good cause (II(e)). New Hampshire provides no immediate, zero-day notice. A rent-increase-refusal ground under II(e) requires that the landlord gave at least 30 days written notice of the increase amount and effective date.
Draft the eviction notice (Demand for Rent for nonpayment)
Pre-notice days after startingPrepare a written notice that states the reason for the eviction with specificity under RSA 540:3 and shows the correct period on its face. For nonpayment, the notice must inform the tenant of the right, if any, to avoid eviction by paying arrearages and liquidated damages under RSA 540:9, and a notice of a demand for rent may be served separately, any time after rent is due and prior to or simultaneously with the eviction notice. The NH Judicial Branch publishes a standardized Eviction Notice form (NHJB-3041-D); no single fixed pre-suit form is statutorily mandated. Attorney review of the notice is available as an option.
Serve the notice under RSA 540:5
Service days after startingService may be made by any person, on the tenant personally or by leaving the notice at the tenant's last and usual place of abode. No sheriff is required for the pre-suit notice. For commercial property, send an additional copy by certified mail to the tenant's last known legal address or registered agent. Keep a true and attested copy of the notice with an affidavit of service; the affidavit need not be sworn under oath.
Wait the full notice period before filing
Notice period days after startingDo not file the possessory action before the eviction-notice period expires: 7 days for nonpayment, substantial damage, health or safety behavior, or a remaining domestic-violence perpetrator, or 30 days for other good cause and material lease violations under RSA 540:3. For nonpayment, be aware the tenant may defeat the action at any time before the hearing by paying all rent and lawful charges plus $15 liquidated damages and the landlord's filing and service charges under RSA 540:9, limited to 3 times in any 12-month period.
File the Landlord and Tenant Writ in the Circuit Court District Division
Post-notice days after startingFile a possessory action by Landlord and Tenant Writ under RSA 540:13 in the Circuit Court District Division for the jurisdiction where the property is located. The NH Judicial Branch entry fee reported on the schedule effective 07/01/2025 is $150, with sheriff service-of-process fees additional and set separately. The writ of summons is returnable 7 days from the date of service by the sheriff. Confirm the current entry fee and sheriff fees against the live schedule before filing.
Appear at the hearing within the RSA 540:13 window
Hearing days after startingIf the tenant files an appearance, a hearing is scheduled within 10 days after filing, with notice of the hearing mailed to the parties no fewer than 6 days prior. Bring the lease, the eviction notice with proof of service, a rent ledger if nonpayment is the ground, and documentation supporting the good-cause ground and the absence of retaliation in the prior 6 months under RSA 540:13-a.
Obtain the writ of possession
Post-judgment days after startingIf the landlord prevails, the court issues a writ of possession. If the tenant fails to file an appearance or fails to appear at the hearing on the merits, the court mails a notice of default to the address on the summons at least 3 days before issuing the writ of possession. The sheriff executes the writ; coordinate timing and any separate service fees with the assigned sheriff.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the property type and the good-cause ground | Determine whether the property is restricted or nonrestricted under RSA 540:1-a (single-family houses where the owner owns three or fewer, and owner-occupied buildings of four dwelling units or fewer are nonrestricted). For restricted property, identify which RSA 540:2, II ground applies: nonpayment, substantial damage, material lease violation, health or safety behavior, other good cause, lead-hazard abatement, pest-remediation failure, or a remaining domestic-violence perpetrator. The ground determines whether the notice period is 7 or 30 days. | - | Pre-notice |
| Identify the correct notice period under RSA 540:3 | RSA 540:3 makes 7 days notice sufficient for nonpayment (II(a)), substantial damage (II(b)), health or safety behavior (II(d)), or a remaining domestic-violence perpetrator (II(h)), and 30 days sufficient for all other residential terminations, including material lease violations (II(c)) and other good cause (II(e)). New Hampshire provides no immediate, zero-day notice. A rent-increase-refusal ground under II(e) requires that the landlord gave at least 30 days written notice of the increase amount and effective date. | - | Pre-notice |
| Draft the eviction notice (Demand for Rent for nonpayment) | Prepare a written notice that states the reason for the eviction with specificity under RSA 540:3 and shows the correct period on its face. For nonpayment, the notice must inform the tenant of the right, if any, to avoid eviction by paying arrearages and liquidated damages under RSA 540:9, and a notice of a demand for rent may be served separately, any time after rent is due and prior to or simultaneously with the eviction notice. The NH Judicial Branch publishes a standardized Eviction Notice form (NHJB-3041-D); no single fixed pre-suit form is statutorily mandated. Attorney review of the notice is available as an option. | notice-to-vacate | Pre-notice |
| Serve the notice under RSA 540:5 | Service may be made by any person, on the tenant personally or by leaving the notice at the tenant's last and usual place of abode. No sheriff is required for the pre-suit notice. For commercial property, send an additional copy by certified mail to the tenant's last known legal address or registered agent. Keep a true and attested copy of the notice with an affidavit of service; the affidavit need not be sworn under oath. | - | Service |
| Wait the full notice period before filing | Do not file the possessory action before the eviction-notice period expires: 7 days for nonpayment, substantial damage, health or safety behavior, or a remaining domestic-violence perpetrator, or 30 days for other good cause and material lease violations under RSA 540:3. For nonpayment, be aware the tenant may defeat the action at any time before the hearing by paying all rent and lawful charges plus $15 liquidated damages and the landlord's filing and service charges under RSA 540:9, limited to 3 times in any 12-month period. | - | Notice period |
| File the Landlord and Tenant Writ in the Circuit Court District Division | File a possessory action by Landlord and Tenant Writ under RSA 540:13 in the Circuit Court District Division for the jurisdiction where the property is located. The NH Judicial Branch entry fee reported on the schedule effective 07/01/2025 is $150, with sheriff service-of-process fees additional and set separately. The writ of summons is returnable 7 days from the date of service by the sheriff. Confirm the current entry fee and sheriff fees against the live schedule before filing. | - | Post-notice |
| Appear at the hearing within the RSA 540:13 window | If the tenant files an appearance, a hearing is scheduled within 10 days after filing, with notice of the hearing mailed to the parties no fewer than 6 days prior. Bring the lease, the eviction notice with proof of service, a rent ledger if nonpayment is the ground, and documentation supporting the good-cause ground and the absence of retaliation in the prior 6 months under RSA 540:13-a. | - | Hearing |
| Obtain the writ of possession | If the landlord prevails, the court issues a writ of possession. If the tenant fails to file an appearance or fails to appear at the hearing on the merits, the court mails a notice of default to the address on the summons at least 3 days before issuing the writ of possession. The sheriff executes the writ; coordinate timing and any separate service fees with the assigned sheriff. | - | Post-judgment |
Frequently Asked Questions
For restricted property, RSA 540:2, II permits a landlord to terminate a tenancy only for an enumerated ground: (a) nonpayment of rent in arrears upon demand, (b) substantial damage, (c) failure to comply with a material lease term, (d) behavior affecting health or safety or a refusal to accept temporary relocation for lead-hazard abatement, (e) other good cause, (f) a lead-hazard abatement requiring 30 or more days or removal from the rental market, (g) willful failure to prepare the unit for insect or rodent remediation, and (h) a remaining cotenant who is the accused perpetrator of domestic violence, sexual assault, or stalking. Other good cause can include any legitimate business or economic reason and need not be based on tenant action or inaction. The good-cause requirement applies only to restricted property; nonrestricted property under RSA 540:1-a (single-family houses where the owner owns three or fewer, and owner-occupied buildings of four dwelling units or fewer) is exempt.
RSA 540:3 makes 7 days notice sufficient for nonpayment under RSA 540:2, II(a), and the notice must inform the tenant of the right, if any, to avoid eviction by paying arrearages and liquidated damages under RSA 540:9. RSA 540:9 gives the tenant a statutory pay-and-stay right: a possessory action based solely on nonpayment shall be dismissed if, at any time before the hearing on the merits, the tenant pays all rent due and owing plus other lawful charges in the lease, $15 in liquidated damages, and any filing fee and service charges the landlord incurred, and the landlord submits a receipt of that payment to the court before the hearing date. A tenant may not defeat a nonpayment eviction by use of this section more than 3 times within a 12-month period.
They are distinct documents. The eviction notice is the 7-day notice under RSA 540:3 that terminates the tenancy for nonpayment, states the reason with specificity, and informs the tenant of the RSA 540:9 payment right. A notice of a demand for rent is sufficient if served on the tenant at any time after the rent becomes due and prior to or simultaneously with the service of the eviction notice. A landlord should not conflate the two,
The federal Servicemembers Civil Relief Act, 50 U.S.C. 3955, allows a servicemember to terminate a residential lease entered before military service, or entered during service followed by permanent-change-of-station or deployment orders of 90 days or more, by delivering written notice plus a copy of military orders to the landlord. Where rent is paid monthly, termination is effective 30 days after the first date on which the next rental payment is due and payable after the notice is delivered. RSA 540 contains no separate New Hampshire military early-termination statute; the federal SCRA controls. Landlords should consult the official SCRA text for precise requirements, and verify orders before proceeding against a servicemember tenant.
New Hampshire notice content is specific. RSA 540:2 requires a written notice to quit, RSA 540:3 requires the eviction notice to state the reason for the eviction with specificity, and for nonpayment the notice must inform the tenant of the RSA 540:9 payment right. For restricted property, the stated reason must be one of the RSA 540:2, II grounds. The notice must show the correct period on its face: 7 days for nonpayment, substantial damage, health or safety behavior, or a remaining domestic-violence perpetrator, and 30 days otherwise. Service must follow RSA 540:5, with proof by a true and attested copy plus an affidavit of service. A notice that names the wrong period, omits the required specificity, or lacks the RSA 540:9 nonpayment language can undermine the possessory action; attorney review of the notice is available as an option.
Yes. Under RSA 540:13-a, except in cases where the tenant owes the equivalent of one week's rent or more, it is a defense to a residential possessory action that the action was in retaliation for the tenant reporting, or reporting in good faith what the tenant reasonably believes to be, a violation of RSA 540-A or an unreasonable and substantial violation of a regulation or housing code. A rebuttable presumption of retaliation arises when a possessory action, rent increase, or substantial alteration of the tenancy is instituted within 6 months after the landlord received notice of the alleged violation, provided the tenant gave the required notice of the report. Where the defense succeeds, damages of not more than 3 months' rent may be awarded to the tenant. RSA 540:13-b addresses evidence of intent to retaliate.
RSA 540 contains no automatic eviction-record sealing or expungement provision. RSA 540 contains no automatic eviction-record sealing provision, and a landlord should not assume any such right exists. Landlords should verify current law, as amendments could create such a right.
No New Hampshire municipality operates a separate just-cause-only or rent-control ordinance that overrides RSA 540. The statewide good-cause framework under RSA 540:2 for restricted property is the controlling regime. confirm against the relevant municipal source if a property sits in a city you believe may have adopted one.
Other New Hampshire guides
How to Break a Lease in New Hampshire Legally (2026)
Tenant Rights in New Hampshire: Renting a New Property (2026)
Landlord Rules in New Hampshire: Renting Out Property (2026)
Selling a House with Renters in New Hampshire (2026)
How to File a Small Claims Lawsuit in New Hampshire (2026)
How to Dispute a Bill in New Hampshire (2026)
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