By Type
Pay or Quit – Sent when rent is overdue. It lets the tenant know payment is required to avoid eviction. This notice is often the first step before court involvement.
Cure or Quit – Used when a tenant violates the lease, but may be able to fix the problem. The notice explains what needs to change and gives time to do so. Continued noncompliance may lead to eviction.
Termination of Month-to-Month Tenancy (30-Day Notice) – Used to end a month-to-month rental agreement. It provides advance notice so the tenant can make other housing arrangements.
Notice to Quit for Illegal Activity – Issued when illegal actions occur at the property. These situations often move quickly toward eviction.
Eviction Laws
The amount of notice required depends on the reason for eviction. Rent must be paid on time unless the lease states otherwise.
- Rent Grace Period: None
- Non-Payment of Rent: 7-day notice.[1]
- Lease Non-Compliance: 30-day notice.[2]
- Substantial Damage to Property: 7-day notice.[2][3]
- Termination of Month-to-Month Tenancy: 30-day notice.[2]
- Eviction Lawsuit Type: Actions Against Tenants.[4]
- Utility Shutoff – A landlord may not willfully interrupt or terminate utility services provided to the tenant, including water, heat, electricity, gas, or similar essential services.[5]
- Changing the Locks – A landlord may not deny a tenant access to the rental unit, directly or indirectly, except through a valid court order.[6]
All notices must clearly describe the violation and give the tenant the legally required time to comply or vacate.
How to Evict a Tenant in New Hampshire (Step-by-Step)
Step 1: Serve a Demand for Rent or Notice to Quit
Before going to court, the landlord must give written notice and allow the tenant time to respond.
- For unpaid rent, the landlord must serve a Demand for Rent and Eviction Notice and allow 7 days to pay.
- For other lease violations, a Notice to Quit may be used.
Proof of delivery should always be retained.
Step 2: File the Case With the District Court
If the tenant does not cure the violation, the landlord may file an eviction case with the local district court. Required filings include:
- Landlord and Tenant Writ (NHJB-2333-DP)
- Affidavit of Damages and Statement of Claim (if applicable)
- Affidavit of Ownership
- Affidavit of Military Service
The court will schedule a hearing using the Appearance Form. Filing fees total $125, plus $1 for the writ.[7]
Step 3: Obtain and Enforce a Writ of Possession
If the judge rules in favor of the landlord, the court issues a Writ of Possession. This writ is delivered to the county sheriff, who conducts a legal lockout if the tenant does not vacate voluntarily.
Court Forms & Resources
- Landlord and Tenant Writ (NHJB-2333-DP) – Required to initiate an eviction case.
- Affidavit of Damages and Statement of Claim – Used when eviction is based on unpaid rent. This form must be notarized.
- Affidavit of Ownership –Confirms the landlord’s ownership of the property, if required by the court.
- Affidavit of Military Service – States whether the tenant is on active military duty.
- Appearance Form – Filed by the tenant to confirm attendance at the eviction hearing.