✓ Law Verified June 2026
Facing eviction in New Hampshire? This guide explains the new hampshire eviction process step by step — the exact notice periods, the court timeline, your defenses, and what your landlord legally cannot do. All figures are from New Hampshire law, verified as of June 2026.
In This New Hampshire Guide:
New Hampshire Eviction Notice Periods
Before a landlord can file an eviction lawsuit in New Hampshire, they must serve you a written notice. The number of days depends on the reason:
| Reason for Eviction | Notice Period |
|---|---|
| Nonpayment of rent | 7 days written notice to quit after rent is due and in arrears (RSA 540:2, II(a) and RSA 540:3). New Hampshire also provides a 7-day grace period after rent is due before a landlord can demand payment, so a tenant typically has about 14 days total from the rent due date before the notice period even begins. |
| Lease violation | 30 days written notice for failure to comply with a material term of the lease (RSA 540:2, II(c)). The violation is generally curable — if you fix the issue within the 30-day notice period, the eviction process stops. For substantial damage to the premises or behavior threatening the health or safety of others, only 7 days notice is required (RSA 540:2, II(b) and II(d)). |
| No-cause / end of tenancy | New Hampshire requires good cause for ALL residential evictions on restricted property (most rentals). A landlord cannot terminate your tenancy without a specific, lawful reason under RSA 540:2. For month-to-month or at-will tenancies, the landlord must cite “other good cause” under RSA 540:2, II(e) and provide 30 days written notice. If the reason is based on your actions or inactions, the landlord must have previously given you a separate written warning about that behavior before issuing the eviction notice (RSA 540:2, II-a). Effective July 1, 2026, expiration of a lease with an original or renewed term of 12 or more months becomes good cause for eviction, but the landlord must provide 60 days advance written notice before the lease termination date (RSA 540:2, II(i), added by HB 60). |
| Holdover tenant | 30 days written notice under the “other good cause” provision (RSA 540:2, II(e) and RSA 540:3). For leases of 12 or more months expiring on or after July 1, 2026, the landlord must have provided 60 days advance notice before the lease expiration date under the new RSA 540:2, II(i). |
| Tenant must respond within | 7 days from the date the writ is served on you. You must file an appearance with the court within this 7-day window to preserve your right to a hearing and to raise defenses or counterclaims. If you do not file an appearance, the court will mail you a notice of default at least 3 days before issuing a writ of possession. |
| Realistic total timeline | 21 to 45 days from the date the initial notice is served to physical removal, depending on the notice period (7 or 30 days), whether you contest the case, and court scheduling. Nonpayment cases with a 7-day notice can move fastest — approximately 21 to 35 days. Cases requiring 30-day notice typically take 40 to 60 days. Contested cases or those involving continuances can take longer. |
How the Eviction Lawsuit Is Filed in New Hampshire
After the notice period expires, the landlord files a Landlord and Tenant Writ with the New Hampshire Circuit Court, District Division, in the district where the property is located. The filing fee is 150 dollars (effective July 1, 2025, under Circuit Court Rule 1.28). The writ form costs 1 dollar. The writ must then be properly served on the tenant.
Hearing timeline: Once you file an appearance with the court, a hearing is scheduled within 10 days. You must receive notice of the hearing date at least 6 days before the hearing.
Writ of possession / lockout: The writ of possession cannot be issued sooner than 7 days after the court enters judgment in the landlord’s favor. If you still have not vacated after the writ is issued, the sheriff may provide an additional 48 hours notice before physically enforcing the writ and removing occupants.
Tenant Defenses Against Eviction in New Hampshire
Depending on your situation, you may be able to raise defenses such as:
- Improper notice — the notice did not state the specific reason for eviction as required by RSA 540:3
- the notice period was too short
- or the notice was not properly served under RSA 540:5. Retaliation — under RSA 540:13-a
- a landlord cannot evict you for exercising your legal rights such as reporting code violations
- contacting code enforcement
- or filing complaints with the NH Attorney General Consumer Protection Bureau. New Hampshire has a strong 6-month presumption of retaliation: if you exercised a legal right within the prior 6 months
- the eviction is presumed retaliatory and the landlord must prove otherwise. Warranty of habitability — under RSA 48-A:14
- if the landlord failed to maintain the property to minimum housing standards (no heat
- mold
- vermin
No defense is guaranteed — but raising a valid one can delay or stop the eviction.
What Your Landlord CANNOT Do
In New Hampshire, a landlord cannot evict you without a court order. Under RSA 540-A, a New Hampshire landlord CANNOT legally do any of the following without a court order: change your locks or lock you out of your home; shut off your electricity, water, gas, or heat to force you to leave; remove, seize, or hold your personal property; enter your unit without your prior consent (except for genuine emergency repairs); physically remove you or your belongings outside of the court-ordered eviction process.
Only a sheriff can execute a writ of possession after a court judgment.
If a landlord engages in any of these illegal self-help eviction tactics, you can file a petition for injunctive relief and the court must hold an emergency hearing within 3 business days. Remedies include actual damages, attorney fees, and a 1000 dollar statutory penalty per violation (RSA 540-A:4).
After a legal eviction, the landlord must store your personal property for at least 7 days and allow you to retrieve it without charging rent or storage fees (RSA 540-A:3, VII).
Free legal help: 603 Legal Aid (formerly Legal Advice and Referral Center) provides free civil legal advice, representation, and referrals for low-income tenants facing eviction. Call 1-800-639-5290 or (603) 224-3333, Monday through Wednesday 9am to 12:30pm, or apply online at 603legalaid.org.
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New Hampshire Legal Assistance (NHLA) at nhla.org has attorneys and paralegals physically present before eviction hearings at the Manchester and Nashua District Division courthouses each week — look for NHLA staff before your hearing.
The NH Law Library also has a residential evictions guide at courts-state-nh-us.libguides.com/evictions. New Hampshire Housing Finance Authority offers rental assistance resources at nhhfa.org.
Other New Hampshire eviction rules: New Hampshire requires good cause for ALL residential evictions on restricted property (most rentals) — a landlord cannot simply end your tenancy without a lawful reason under RSA 540:2. This is a significant tenant protection not found in many states.
If evicting for “other good cause” based on tenant behavior (RSA 540:2, II(e)), the landlord must have first provided a separate prior written warning about the behavior before issuing the eviction notice (RSA 540:2, II-a) — this two-step warning requirement is unusual.
RSA 540:1-a defines “restricted property” (most residential rentals) versus “unrestricted property,” with different rules for each. If you rent a room in a shared house where you share a kitchen or bathroom with the owner, a different and faster eviction process under RSA 540-B applies instead of the standard RSA 540 process.
Effective July 1, 2026, lease expiration for leases of 12 or more months becomes good cause for eviction with 60 days advance notice before the lease termination date (RSA 540:2, II(i), added by HB 60). The 6-month presumption of retaliation under RSA 540:13-a is one of the strongest retaliation protections in the country — the burden shifts entirely to the landlord to prove the eviction is not retaliatory.
Manufactured housing park tenants have additional protections under RSA 205-A in addition to RSA 540.
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Official New Hampshire Sources & Resources
- New Hampshire Courts / Judiciary: https://www.courts.nh.gov/our-courts/circuit-court/district-division/landlordtenant
- New Hampshire Eviction Statute: https://gc.nh.gov/rsa/html/lv/540/540-mrg.htm
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
Understanding the New Hampshire Eviction Process
The New Hampshire eviction process follows a strict legal sequence — notice, then filing, then hearing, then judgment, then enforcement. A landlord who skips any step in the New Hampshire eviction process is acting illegally, and you may have grounds to have the case dismissed.
Understanding the New Hampshire eviction process gives you the ability to spot errors in the notice, raise valid defenses, and buy time to find housing or legal help.
Never ignore an eviction notice — responding within the deadline is the most important step in the entire New Hampshire eviction process.
This New Hampshire eviction guide was last verified against official sources in June 2026. If you are facing eviction, contact a local legal-aid office immediately.
More New Hampshire Tenant Rights Guides
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- New Hampshire Security Deposit Law
- New Hampshire Rent Increase Laws
- New Hampshire Repairs & Habitability
- Breaking a Lease in New Hampshire
- Eviction Timeline Calculator
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.