Eviction notices in New Hampshire
Source: RSA 540:2; 540:3; 540:4; 540:5; 540:9; 540:13; 540-A:3 · Checked against the statute
- Unpaid rent
- 7 days (pay or move out)
- Lease violation
- 30 days (notice to vacate, no right to fix)
- Serious or repeat violation
- 7 days
New Hampshire eviction notice deadline
Choose the state, the type of notice and the date it was served.
Notice for unpaid rent
For nonpayment, the landlord must make a demand for rent (any time after rent is due, before or with the eviction notice) and give a written eviction notice of at least 7 days (RSA 540:2, II(a); 540:3, II; 540:4). The notice must state the reason with specificity and tell the tenant of any right to avoid eviction by paying the arrearage and liquidated damages under RSA 540:9 (RSA 540:3, III-IV). Rent that a tenant used to keep landlord-provided utilities on (with receipts) is not counted as unpaid rent (RSA 540:2, VI).
Can the tenant pay to stop it? The eviction notice must tell the tenant of the right to avoid eviction by paying. A nonpayment case is dismissed if, any time before the hearing on the merits, the tenant pays all rent due plus other lawful lease charges, $15 liquidated damages, and the landlord's filing and service costs. This can be used only 3 times in 12 months.
- Type:
- Pay or move out
- Notice period:
- 7 days
- Law:
- RSA 540:2, II(a); 540:3, II-IV; 540:9
Notice for a lease violation
Failure to comply with a material term of the lease requires a 30-day eviction notice stating the reason with specificity (RSA 540:2, II(c); 540:3, II-III). For 'other good cause' based on the tenant's conduct, the landlord must first give a written warning that such conduct will be grounds for eviction in the future (RSA 540:2, III).
Chance to fix it: No statutory right to cure the violation.
- Type:
- Notice to vacate, no right to fix
- Notice period:
- 30 days
- Law:
- RSA 540:2, II(c); 540:3, II
Serious, repeat or illegal-activity violations
A 7-day eviction notice is sufficient for these grounds (RSA 540:3, II, referring to 540:2, II(b), (d), (h)).
When it applies: Substantial damage to the premises by the tenant, household or guests; behavior that harms the health or safety of other tenants or the landlord; or a remaining co-tenant who is the accused perpetrator after a domestic-violence lease termination.
- Notice period:
- 7 days
- Law:
- RSA 540:3, II
How the days are counted
By the general rule, the day the notice is given is excluded and the last day is included (RSA 21:35, I). The statute only extends filing or payment deadlines that fall on a Saturday, Sunday or legal holiday to the next business day (RSA 21:35, II). No extra days for mailing are provided because the notice must be delivered in hand or left at the home.
How the notice must be delivered
The demand for rent and the eviction notice may be served by any person, on the tenant personally or left at the tenant's last and usual place of abode. Proof is a true attested copy with an affidavit of service. The district court provides demand and eviction-notice forms; a valid notice must include the same information as those forms (RSA 540:5).
Just-cause protection
For 'restricted property' (most residential rentals except owner-occupied buildings of 4 or fewer units and single-family houses of owners with no more than 3), the landlord may end a tenancy only for listed reasons, including nonpayment, substantial damage, material lease violation, health/safety behavior, 'other good cause' (which includes any legitimate business or economic reason), and, since July 1, 2026 (2025 N.H. Laws ch. 263, HB 60), the expiration of a lease whose term (or renewed total) is 12 months or more, if the landlord gave at least 60 days' written notice of non-renewal before the term ends and files within 6 months after the lease expires. (RSA 540:1-a; RSA 540:2, II, V; RSA 540:2, II(i) (2025 N.H. Laws ch. 263, eff. July 1, 2026))
If the tenant doesn't pay, fix it or leave
The landlord gets a landlord-and-tenant writ (summons) returnable in district court 7 days after the sheriff serves it. To contest, the tenant must file an appearance by the return day and, under the law in effect since October 8, 2026, an answer stating defenses or counterclaims within 5 days after the return date; a hearing is held within 10 days after the appearance (RSA 540:13). The tenant cannot be evicted unless the court orders it (RSA 540:13, II(b)). A landlord may not deny a tenant access to the home 'other than through proper judicial process' or shut off utilities (RSA 540-A:3, I-II).
Also good to know
- 2026 N.H. Laws ch. 308 (effective October 8, 2026) changed RSA 540:13 and 540:13-c: tenant answer due 5 days after return day, default notices, and discretionary stays generally capped at 60 days (up to 75 in some cases).
- Retaliation is a defense unless the tenant owes a week's rent or more (RSA 540:13-a).
- A tenant to whom the eviction is a 'no-fault' lease expiration under RSA 540:2, II(i) must not have it treated as an eviction for screening (RSA 540:2, VIII).
Related
- New Hampshire notice to end a month-to-month tenancy (no-cause notice by tenant or landlord)
- New Hampshire security deposit law: deadlines after move-out
- Federal 30-day notice for covered properties (CARES Act)
Sources
- RSA Chapter 540 Retrieved October 13, 2026.
- RSA 21:35 Retrieved October 13, 2026.
- RSA 540-A:3 Retrieved October 13, 2026.
- RSA 540:2 Retrieved October 13, 2026.
- NH General Court: HB 60 (2025), Chapter 263 Retrieved October 13, 2026.
Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; if you have an eviction case, contact your state's legal aid. See our methodology.