Outline of the Eviction Process in New Hampshire

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized occupants, property damage).
  • Illegal activity (e.g., drug-related conduct).
  • End of lease term (fixed-term or tenancy-at-will).
  • No-fault eviction (e.g., landlord wants to sell, occupy, or renovate).
• Law: N.H. Rev. Stat. Ann. § 540 (Actions Against Tenants).

2. Notice to Quit

• Written notice served:
  • Non-payment: 7-day notice to pay or vacate.
  • Lease violation: 30-day notice to cure (if curable) or vacate.
  • Tenancy-at-will: 30-day notice to terminate.
  • No-fault/end of lease: 30-day (month-to-month) or 90-day (e.g., owner occupancy).
  • Illegal activity or substantial damage: 7-day notice (no cure).
• Delivery: Hand-delivered, certified mail, or posted with mailed copy.
• Tenant can cure by paying rent (within 7 days) or fixing violation (within 30 days, if curable).

3. Filing the Eviction Case

• File Landlord and Tenant Writ in Circuit Court – District Division.
• Documents: Writ, Notice to Quit, lease, proof of service.
• Fee: ~$125–$175 (varies by court).
• Timing: After notice period expires.

4. Serving the Summons and Complaint

• Sheriff or constable serves papers 7 days before hearing.
• Includes hearing date and appearance deadline (within 7 days).
• Tenant must file appearance to contest eviction.

5. Court Hearing

• Held 7–21 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, uninhabitable conditions).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

• Writ of Possession if landlord wins.
• Appeal: 7 days.
• Writ issued: ~7–14 days post-judgment; sheriff serves 7-day notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; landlord stores belongings (28 days, or 7 days if notified).
• Tenant can reclaim property by paying storage costs.
• Law: N.H. Rev. Stat. Ann. § 540:28.

8. Tenant Protections

• Rights:
  • Cure violations, habitability defenses, anti-retaliation protections.
• Resources:
  • New Hampshire Legal Assistance (603-224-3333), 603legalaid.org, nh.gov.

Notes

• Disclaimer: General guide; consult a lawyer.
• Sources: N.H. Rev. Stat. Ann. § 540; courts.nh.gov; 603legalaid.org.