Outline of the eviction process in New Hampshire

New Hampshire evictions are governed by RSA chapter 540 (Actions Against Tenants), with the ban on self-help and the tenant-property rule in RSA chapter 540-A. The case is a “possessory action” started by a landlord and tenant writ in the district division of the circuit court. First work out whether your rental is restricted or nonrestricted property: owners of restricted property may end a tenancy only for a reason listed in RSA 540:2, II.

Two recent acts matter. Since July 1, 2026, the expiration of a lease of 12 months or more is a lawful ground to end a tenancy in restricted property, on 60 days’ written notice (2025 ch. 263, HB 60). And on October 8, 2026, 2026 ch. 308 (HB 1598) changes the court procedure: tenants must file an answer, a default bars a discretionary stay, and the maximum stay drops from 3 months to 60 days (75 on a special showing).

1. Grounds: restricted and nonrestricted property

Nonrestricted property (RSA 540:1-a, I) is all nonresidential property plus these residential rentals: single-family houses where the owner does not own more than 3 single-family houses at any one time; rental units in an owner-occupied building with 4 or fewer dwelling units in total; and single-family houses acquired by banks or other mortgagees through foreclosure. The owner of nonrestricted property may end any tenancy by written notice without giving one of the listed reasons (540:2, I). Restricted property is every other residential rental (540:1-a, II).

For restricted property the reasons in 540:2, II are: (a) neglect or refusal to pay rent due and in arrears, upon demand; (b) substantial damage to the premises by the tenant, household members or guests; (c) failure to comply with a material term of the lease; (d) behavior of the tenant or family members that adversely affects the health or safety of other tenants or the landlord; (e) other good cause; (f) and (g) certain lead abatement and pest remediation cases; (h) a remaining cotenant or occupant is the accused perpetrator where a lease was terminated under RSA 540:11-b (domestic violence, sexual assault or stalking); and (i) expiration of the lease term, on the conditions below. Ground (a) is unavailable if the tenant took over a landlord-owed utility payment to stop a shutoff and the arrears do not exceed what the tenant paid, with proof (540:2, VI).

Other good cause includes any legitimate business or economic reason and need not be based on anything the tenant did (540:2, V). A tenant’s refusal to agree to a rent increase is good cause, provided you gave written notice of the amount and effective date at least 30 days before the increase took effect (540:2, IV). Where the good cause is based on the conduct of the tenant, family or guests, you must first give a written warning that such conduct in the future would be grounds for eviction (served like an eviction notice or by certified mail) before you issue the eviction notice (540:2, III).

End of a lease term (540:2, II(i), effective July 1, 2026). Lease expiration was not a listed reason for restricted property before this change. It now is, but only where the original lease term was 12 months or longer, or a shorter lease has been renewed to a total of 12 months or longer, and only if (A) you gave the tenant written notice at least 60 days before the end of the term that the lease will not be renewed and that the tenant must vacate at the end of the term, and (B) you file the possessory action within 6 months of the lease expiring. A termination under II(i) is a “no-fault termination of tenancy”: it is not to be treated as an eviction for rental applications and tenant screening reports (540:2, VIII).

Limits. A restricted-property tenancy may not be terminated solely because the tenant or a household member was a victim of domestic violence, sexual assault or stalking, if the listed verification is supplied (540:2, VII). Retaliation is a defense unless the tenant owes one week’s rent or more (540:13-a); it is presumed when the action is brought within 6 months of the tenant’s protected activity (540:13-b), and the tenant may be awarded up to 3 months’ rent (540:14, II).

2. Notices

• Seven-day eviction notice (540:3, II). Sufficient for residential tenancies where the reason is nonpayment (II(a)), substantial damage (II(b)), health or safety behavior (II(d)), or the accused-perpetrator ground (II(h)).
• 30-day eviction notice (540:3, II). Sufficient in all other residential cases, including lease violations, other good cause, and terminating a tenancy in nonrestricted property. The statute does not give the tenant a right to cure a lease violation.
• Demand for rent. Nonpayment is a ground only “upon demand.” The demand may be made any time after the rent is due and before or at the same time as the eviction notice (540:4, 540:5). Do not demand more than the rent actually in arrears when the demand is made (540:8).

Required content. The eviction notice must state the reason for the eviction with specificity (540:3, III). A nonpayment notice must also tell the tenant of the right to avoid eviction by paying the arrears and liquidated damages under RSA 540:9 (540:3, IV). The court publishes forms for both; you need not use them, but a valid demand or notice must contain the same information (540:5, II).

Service (540:5, I). The demand and the eviction notice may be served by any person, either on the tenant personally or by leaving them at the tenant’s last and usual place of abode. Keep an attested copy with an affidavit of service, which need not be sworn. Mail alone is not a listed method for a residential notice. Chapter 540 does not say how the days are counted; give full days after the day of service and do not file early.

Federally backed or subsidized properties may also be subject to the federal CARES Act 30-day notice (see also 540:29).

3. Filing the landlord and tenant writ

After the notice period ends, obtain a landlord and tenant writ (a writ of summons) from the district division of the circuit court serving the property (540:12, 540:13, I). You may add a claim for unpaid rent. If you do, the court considers the tenant’s offsets and counterclaims, and any money judgment in the possessory action is capped at $1,500, without barring a later suit for the balance (540:13, III). Check the current filing fee with the clerk.

Entity landlords. A member or employee of an LLC, corporation or partnership with 5 or fewer members may represent the entity in circuit court on chapter 540 matters with written authorization from the organization, and each appearance requires a new written authorization (540:30).

4. Service, the appearance deadline and the hearing

The writ is served by the sheriff and is returnable 7 days from the date of service. To contest the eviction the tenant must file an appearance no later than the return day on the writ (540:13, II and III). If the tenant files an appearance, the hearing is to be scheduled within 10 days after that filing, with hearing notices mailed at least 6 days before the hearing; discovery can add time (540:13, IV and V).

From October 8, 2026 (2026 ch. 308): the tenant must also file an answer stating affirmative defenses and counterclaims no more than 5 days after the return date; if the tenant raises a defense at the hearing that you had no prior notice of, you are entitled to a continuance of up to 7 days (540:13, II, IV-a).

Right to cure by paying (540:9). A possessory action based solely on nonpayment must be dismissed if, at any time before the hearing on the merits, the tenant pays in guaranteed funds all rent due through the date of payment, other lawful charges contained in the lease, $15 liquidated damages, and your filing fee and service charges. A tenant may use this no more than 3 times in a 12-month period. A written promise to pay from a state, county or municipal agency counts as payment (540:9-a).

Accepting rent mid-case. You may accept the arrears without creating a new tenancy only if you tell the tenant in writing that you intend to proceed with the eviction anyway (540:13, VII).

5. Judgment, stays and appeal

Discretionary stay (540:13-c). Until October 8, 2026, the court may delay dispossession for up to 3 months where justice requires, even after a default. From October 8, 2026, a tenant default precludes any discretionary stay, the stay may run no later than 60 days, and up to 75 days only if the tenant proves a longer stay will not cause you financial harm, damage to the premises or ongoing health or safety threats, and that more time is needed because of factors such as age, disability or familial status. Under both versions the tenant must pay rent weekly in advance during the stay, and on a missed payment the writ issues.

Payment agreements (540:13-c, II). In a nonpayment case the parties may file an agreement that no writ will issue if the tenant pays on a schedule. It must contain the statutory warning paragraph and waives the tenant’s appeal. On a missed payment, serve an affidavit of non-compliance in hand or at the abode, then file it; the court issues the writ within 5 business days unless the tenant objects within 4 business days on limited grounds. If you do not file an affidavit within 14 days after the final payment date, the case is dismissed.

Appeal (540:20, 540:25). A notice of intent to appeal to the supreme court must be filed in the trial court within 7 days of the notice of judgment, and the notice of appeal filed in the supreme court within 30 days (540:13, II(d)). In a nonpayment case the tenant must pay one week’s rent into court with the notice of intent and weekly in advance after that; on a missed payment the writ of possession issues. From October 8, 2026, a tenant who files a post-judgment motion must also pay rent as it comes due until the motion is decided (540:13, II(e)).

6. The writ of possession and tenant property

Timing. The judgment becomes final when the 7-day appeal period expires (540:20). Under the law in force until October 8, 2026, where the tenant defaults the court mails a notice of default at least 3 days before the writ of possession issues (540:13, V). From October 8, 2026, the court mails the default notice the day after the default, or a notice of judgment within 2 days after a contested hearing, and 7 days after that mailing enters judgment for the landlord and issues the writ of possession “forthwith” (540:13, V).

Who executes it. The writ of possession authorizes the sheriff to remove the tenant (540:14, I). From October 8, 2026, a delay in service by the sheriff does not invalidate a writ that was valid when you directed the sheriff to serve it (540:14, V).

Tenant property (540-A:3, VII). You must store with reasonable care the personal property of a tenant who has vacated, voluntarily or by eviction, for 7 days after the tenant vacated, and let the tenant recover it without rent or storage fees. After the 7 days you may dispose of it without notice.

Self-help is prohibited (540-A:3, 540-A:4). A landlord may not willfully interrupt utilities, deny access to the premises, or seize the tenant’s property other than through judicial process. The remedy is that of RSA 358-A:10: actual damages or $1,000, whichever is greater, doubled or trebled for a willful or knowing violation, plus costs and attorney’s fees. Damages are not less than $3,000 where the landlord locked the tenant out and has re-let the unit. Since January 1, 2026, a landlord also may not require rent under a new lease, renewal or extension to be paid only by electronic funds transfer; at least one non-electronic method must be allowed (RSA 540-A:3, X).

Recent law changes landlords should know

• Lease expiration as a ground (July 1, 2026). 2025 ch. 263 (HB 60), signed August 1, 2025, added 540:2, II(i) and VIII.
• Eviction procedure overhaul (October 8, 2026). 2026 ch. 308 (HB 1598), signed July 10, 2026, amended 540:13, 540:13-c and 540:14 and parts of RSA 540-A:2, 540-A:3 and 540-A:4.
• Domestic violence (January 1, 2025). 2024 ch. 9 added RSA 540:11-b (lease termination by a victim), the II(h) ground with a 7-day notice, and self-certification under 540:2, VII.
• Electronic payment (January 1, 2026). 2025 ch. 176 added RSA 540-A:3, X: rent may not be required solely by electronic funds transfer.

What actually goes wrong

• Treating restricted property as nonrestricted.
• A nonpayment notice with no demand for rent, a demand for more than the rent in arrears, or no statement of the 540:9 right to cure.
• Skipping the prior written warning before a conduct-based “other good cause” notice.
• Using lease expiration without the 60-day notice, on a lease shorter than 12 months, or filing more than 6 months after expiration.
• Accepting rent mid-case with no written statement that you are proceeding.
• Changing locks or disposing of belongings before the sheriff has acted and the 7 days have run.

When to bring in an attorney

An individual landlord with a clean demand, a correct notice and good proof of service can often handle an uncontested nonpayment case. Use counsel where the tenant raises retaliation, unit conditions or counterclaims, for good-cause and lease-expiration cases, for subsidized housing, and for an entity with more than 5 members. The New Hampshire attorneys listed below represent landlords.

Sources

• RSA chapter 540, including §§ 540:1-a, 540:2, 540:3, 540:4, 540:5, 540:8, 540:9, 540:9-a, 540:12, 540:13, 540:13-a to 540:13-c, 540:14, 540:20, 540:25, 540:29 and 540:30 (gc.nh.gov).
• RSA 540-A:3 and 540-A:4; RSA 358-A:10.
• 2024 ch. 9; 2025 ch. 263 (HB 60), final version; 2026 ch. 308 (HB 1598).

This guide is general information about New Hampshire procedure and is not legal advice. Confirm the current statute text and the court’s current forms before relying on any deadline.