How to Evict a Tenant in New Hampshire (2026)
The legal steps for landlords in New Hampshire — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In New Hampshire a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| Unpaid rent | 7-day written eviction notice (plus a demand for rent), stating the reason with specificity and telling the tenant of the right to avoid eviction by paying arrears. |
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| Lease violation | 30-day written eviction notice for breach of a material lease term or other good cause; 7 days for substantial damage to the premises, conduct affecting health or safety, or (in certain domestic-violence cases) a remaining cotenant accused of abuse. Source: RSA 540:3, II; RSA 540:2, II-III |
| Ending a month-to-month tenancy (no fault) | Landlord: 30 days' written eviction notice (restricted property requires a statutory good-cause reason; non-restricted property can be terminated without cause). Tenant: 30 days' notice; if the date doesn't fall on a rent due date, tenant owes rent through the next rent due date unless the lease says otherwise. |
Local rent-control or just-cause rules can limit evictions: No statewide rent control or rent-increase cap in RSA ch. 540. On restricted property, a tenant's refusal of a rent increase is good cause for eviction only if the landlord gave at least 30 days' written notice of the amount and effective date.
Step 2: Write and deliver the notice correctly
| What the notice must say | Two documents: a demand for rent (made any time after rent is due, before or together with the eviction notice) and a written eviction notice giving 7 days. The eviction notice must state the reason with specificity and tell the tenant of any right to avoid eviction by paying the arrears plus $15 liquidated damages (RSA 540:9; available 3 times in 12 months). Either may be served by any person, in hand or left at the tenant's last and usual place of abode; proof is an attested copy with an affidavit of service. The district court publishes demand and eviction notice forms; landlords need not use them, but a valid notice must include the same information the forms request. |
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| How it must be delivered | A demand for rent or an eviction notice may be served by any person, either on the tenant personally or by leaving it at the tenant's last and usual place of abode. Proof is a true attested copy with an affidavit of service, which need not be sworn. Pre-eviction warning notices for 'other good cause' must be served the same way or by certified mail. Source: RSA 540:5, I; RSA 540:2, III |
Notice forms:
- New Hampshire notice to pay rent or quit — requirements and free draft
- New Hampshire notice to end a month-to-month tenancy — requirements and free draft
Step 3: File the eviction case and go to the hearing
Eviction cases in New Hampshire are heard in: New Hampshire Circuit Court, District Division.
- Landlord serves a demand for rent (nonpayment cases) and a written eviction notice stating the reason with specificity (7 or 30 days depending on the ground; RSA 540:3, 540:5). Court forms are on the Judicial Branch site.
- Optional: free pre-filing mediation through the court's Eviction Diversion Program.
- After the notice period expires, landlord obtains a landlord-and-tenant writ of summons, served by the sheriff with a notice of tenant rights; returnable 7 days after service (RSA 540:13).
- Tenant files an appearance by the return day; for cases under the Oct. 8, 2026 amendments, tenant must also file an answer within 5 days after the return date stating defenses/counterclaims. Failure to appear = default.
- Hearing scheduled within 10 days after appearance (notice mailed at least 6 days before). Money claims in the case are capped at $1,500.
- Judgment: if landlord prevails, judgment enters 7 days after the notice of decision; court may grant a discretionary stay (from Oct. 8, 2026: up to 60 days, or 75 in limited cases; tenant pays weekly rent in advance) (RSA 540:13-c).
- Writ of possession issues; the sheriff removes the tenant (RSA 540:14). Tenant appeal requires notice of intent within 7 days and paying rent into court during the appeal.
Court timing: Appearance due by the return day (7 days after sheriff's service); answer due within 5 days after the return date (effective Oct. 8, 2026); hearing within 10 days after the appearance.
Source: RSA 540:3, 540:5, 540:13, 540:13-c, 540:14
How long it takes to evict a tenant in New Hampshire
For unpaid rent, the notice period is 7 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in New Hampshire
Court filing and service fees are set locally. Verified fees in the largest New Hampshire counties:
| County | Filing and service fees |
|---|---|
| Hillsborough County (Manchester and Nashua) | $150 landlord/tenant entry (filing) fee plus $1 for the Landlord and Tenant Writ; sheriff's service fee is extra and varies. |
| Rockingham County (Brentwood) | $150 landlord/tenant entry (filing) fee plus $1 for the Landlord and Tenant Writ; sheriff's service fee is extra and varies. |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Landlord: 30 days' written eviction notice (restricted property requires a statutory good-cause reason; non-restricted property can be terminated without cause). Tenant: 30 days' notice; if the date doesn't fall on a rent due date, tenant owes rent through the next rent due date unless the lease says otherwise. |
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| Someone who was never a tenant (squatter / unauthorized occupant) | Fast court petition. No one who is not a tenant, subtenant or implied tenant may occupy residential property without the permission of the owner, landlord or their agent. The owner (including a 'non-rental owner' who does not rent the property out) or landlord files a petition in the district court; there is no filing fee, no lawyer is needed, and a peace officer or sheriff serves it. A hearing must be held within 48 hours of same-day service (or of service). If the occupant claims to be a subtenant or implied tenant, the occupant must prove it (e.g., a signed unexpired lease, recent rent receipts, cancelled checks, electronic payments, or messages showing an agreement); utility bills or IDs showing the address are not enough on their own. If the owner wins, the court orders immediate removal by law enforcement and awards actual damages or $1,000, whichever is greater; the owner may dispose of remaining belongings (after 48 hours' notice if the occupant was an unauthorized subtenant) and occupants may be arrested for trespass. If the property is the non-rental owner's own residence and the occupant gets a continuance, the court must order the occupant out pending the hearing. |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | Prohibited. Landlord may not willfully interrupt or terminate any utility (even one it doesn't control), except temporarily for repairs or emergencies, and may not lock out or deny access to the tenant or the tenant's property except by judicial process. |
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| Retaliation | Defense to eviction if retaliatory for: reporting (in good faith) a code or RSA 540-A violation to the landlord or an enforcement agency; filing an RSA 540-A action or using RSA 540:13-d; or meeting/organizing with other tenants. Rebuttable presumption of retaliation if the landlord evicts, raises rent, or substantially changes terms within 6 months of the protected act. Source: RSA 540:13-a; RSA 540:13-b |
| Accepting rent after the notice | In a nonpayment eviction, while the case is pending, the landlord may accept the back rent without creating a new tenancy if the landlord tells the tenant in writing that it plans to go ahead with the eviction anyway. The landlord may instead refuse payment and proceed. Separately, a tenant can stop a nonpayment eviction by paying all arrears plus $15 liquidated damages and costs before the hearing on the merits; this right has limits on how often it can be used. Source: RSA 540:13, VII; RSA 540:9 |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
New Hampshire eviction FAQ for landlords
How much notice does a landlord have to give to evict for unpaid rent in New Hampshire?
7-day written eviction notice (plus a demand for rent), stating the reason with specificity and telling the tenant of the right to avoid eviction by paying arrears.
How much does it cost to evict a tenant in New Hampshire?
Court fees are set locally — for example, Hillsborough County (Manchester and Nashua): $150 landlord/tenant entry (filing) fee plus $1 for the Landlord and Tenant Writ; sheriff's service fee is extra and varies.
Can a landlord change the locks to evict a tenant in New Hampshire?
Prohibited. Landlord may not willfully interrupt or terminate any utility (even one it doesn't control), except temporarily for repairs or emergencies, and may not lock out or deny access to the tenant or the tenant's property except by judicial process.
How do you evict a tenant without a lease in New Hampshire?
Landlord: 30 days' written eviction notice (restricted property requires a statutory good-cause reason; non-restricted property can be terminated without cause). Tenant: 30 days' notice; if the date doesn't fall on a rent due date, tenant owes rent through the next rent due date unless the lease says otherwise.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.