Squatters' Rights in New Hampshire
New Hampshire rules on squatters & abandoned property for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: 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. RSA 540-A:3, IX; RSA 540-A:4, II-a, III, VI, VII(e) (VII(c) before Oct. 8, 2026)
The rules in New Hampshire
| Squatters / unauthorized occupants | 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. RSA 540-A:3 amended effective Jan. 1, 2025 (2024 ch. 46, 370) and later; 2026 ch. 308 (eff. Oct. 8, 2026) renumbered RSA 540-A:4, VII. Non-rental owners keep common-law remedies including self-help (RSA 540-A:4, II-a). RSA 540-A:3: https://gc.nh.gov/rsa/html/LV/540-A/540-A-3.htm |
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| Belongings left behind | The landlord must store a departed tenant's personal property with reasonable care for 7 days after the tenant vacates (voluntarily or by eviction). During those 7 days the tenant may recover it without paying rent or storage fees. After 7 days, the landlord may dispose of it without notice to the tenant. Does not apply to property under RSA 540-A:4 unauthorized-occupant orders or to manufactured housing under RSA 540-B. A violation exposes the landlord only to actual damages plus costs and attorney's fees (RSA 540-A:4, IX(b)). Source: RSA 540-A:3, VII |
Related questions
New Hampshire vs. neighboring states
| State | Squatters / unauthorized occupants | Belongings left behind |
|---|---|---|
| New Hampshire | 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. RSA 540-A:3, IX; RSA 540-A:4, II-a, III, VI, VII(e) (VII(c) before Oct. 8, 2026) | The landlord must store a departed tenant's personal property with reasonable care for 7 days after the tenant vacates (voluntarily or by eviction). During those 7 days the tenant may recover it without paying rent or storage fees. After 7 days, the landlord may dispose of it without notice to the tenant. RSA 540-A:3, VII |
| Maine | No special squatter-removal or affidavit statute. The owner uses the court process of forcible entry and detainer (FED), which may be brought against 'a disseisor who has not acquired any claim by possession and improvement.' For an occupant of a tenant's unit who is not an authorized occupant, the tenancy may be ended with a 7-day written notice (14 M.R.S. § 6002(1)(F)) and then an FED action. No self-help. 14 M.R.S. §§ 6001(1), 6002(1)(F) | Store the property in a safe, dry, secure place. Send written notice by first-class mail with proof of mailing to the tenant's last known address. The notice must include an itemized list of the items and say the landlord may dispose of them if the tenant does not respond within 7 days. If the tenant is still in possession after judgment, the claim period cannot be shorter than 7 days after mailing or 48 hours after the writ is served, whichever is longer. If the tenant claims the property within 7 days, it must be released without payment as long as the tenant retrieves it by day 14. Unclaimed property may be held until arrears and storage are paid, sold at fair market value (any surplus goes to the Treasurer of State), or thrown away if it has no value. The tenant may waive these rights after vacating; an oral waiver must be confirmed in writing. 14 M.R.S. § 6013 |
| Massachusetts | No special squatter or affidavit statute. The owner recovers possession through a summary process (eviction) case in court. G.L. c. 239, § 1 allows it against anyone who made a forcible entry, or who entered peaceably but holds possession unlawfully by force, among other grounds. Removal is carried out by an officer serving the execution. Removed property must be stored under c. 239, § 4. G.L. c. 239, §§ 1, 4 | After an eviction, an officer who removes the occupant's belongings must store them right away with a licensed, bonded public warehouse within 20 miles, or with a facility the occupant chose in writing. The officer files a receipt describing the goods with the court and gives the occupant a copy. The landlord pays the moving cost, which it can recover from the tenant. Within 7 days the warehouse must issue a receipt explaining reclaim procedures and rates. Storage fees are capped at filed rates, with no add-on fees. The tenant may make one free visit to inspect or take personal or sentimental items. The warehouse may sell only after 6 months; the tenant can delay the sale 3 months by paying half the fees. For a domestic-violence early termination (c. 186, § 24), items left behind are treated as abandoned unless the tenant gives written instructions. G.L. c. 239, § 4; c. 186, § 24(d) |
| Vermont | No police-removal or affidavit procedure. The owner must use the court ejectment process. A landlord, landlord's agent, or tenant may file (with or after the complaint) a motion for immediate possession against an occupant who has no right or permission to be in the unit where the written lease bars subleasing, supported by an affidavit of specific facts and a copy of the lease. The court holds a hearing after 10 days' notice; if the occupant has no right or permission, it must enter judgment for immediate possession, and the sheriff may restore possession no sooner than 5 days after serving the writ. 12 V.S.A. § 4853b | A unit is abandoned if a reasonable person would believe it is no longer occupied full-time, rent is not current, and the landlord has made reasonable efforts to learn the tenant's intentions. For unclaimed property (other than trash) after abandonment, the landlord must store it in a safe, dry, secured place and mail written notice to the tenant's last known address that it will be disposed of after 60 days unless claimed. The tenant claims it by giving a reasonable written description and paying reasonable storage and related costs within 60 days; otherwise it becomes the landlord's property. Property left after the tenant gave actual notice of vacating, or moved out at the end of the rental agreement, may be disposed of without notice or liability. 9 V.S.A. § 4462 |
More New Hampshire rental law
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- New Hampshire Repairs & Tenant Remedies
- New Hampshire Rent Increase & Late Fee Laws
- Breaking a Lease in New Hampshire
- New Hampshire Rental Fee Rules
- New Hampshire Section 8, Records & Right to Counsel
- New Hampshire Mold, Pests, Heat & AC Rules
- New Hampshire Privacy, Guests & Animal Rules
- New Hampshire Landlord Selling the House
- New Hampshire Lockouts, Utility Shutoffs & Retaliation
- New Hampshire Subletting, Lease Endings & Tenant Death
- All New Hampshire landlord-tenant rules
- Free legal help in New Hampshire
Compare squatters & abandoned property in all 50 states and DC →
Squatters' Rights in New Hampshire FAQ
How do you remove a squatter in New Hampshire?
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. (RSA 540-A:3, IX; RSA 540-A:4, II-a, III, VI, VII(e) (VII(c) before Oct. 8, 2026))
What can a landlord do with a tenant's abandoned property in New Hampshire?
The landlord must store a departed tenant's personal property with reasonable care for 7 days after the tenant vacates (voluntarily or by eviction). During those 7 days the tenant may recover it without paying rent or storage fees. After 7 days, the landlord may dispose of it without notice to the tenant. (RSA 540-A:3, VII)
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.