Eviction Process in New Hampshire: A 2026 Landlord's Guide

Informational overview only — not legal advice. Eviction law is state and local, and it changes. Specific cases turn on lease terms, service details, and court rulings. Before taking action in New Hampshire, consult a licensed attorney or your local housing court's self-help center.

7-day demand for nonpayment. 30-day for violations. District court hearing.

Nonpayment Notice
7 days
Violation Notice
30 days
Typical Timeline
60 days
Statute
RSA § 540:2

Required notice types in New Hampshire

TypeNotice PeriodPurpose
Nonpayment 7 days Tenant failed to pay rent. Tenant may cure by paying the full amount owed before the deadline in most states.
Lease violation (curable) 30 days Tenant is violating lease terms (unauthorized pets, unauthorized occupants, noise, etc.) and has the option to correct the violation.

The eviction process, step by step

Step 1 — Serve a 7-day Demand for Rent / Notice to Quit. New Hampshire law requires you to give the tenant written notice and 7 days to either pay what's owed or vacate. Serve in the manner permitted by RSA § 540:2.

Step 2 — File a Possessory Action complaint. If the tenant doesn't pay or move out by the deadline, file in the appropriate court (typically justice, district, or small claims depending on county).

Step 3 — Court hearing. The court sets a hearing, typically within 4-9 weeks. Bring the lease, payment ledger, copy of the notice, and proof of service.

Step 4 — Judgment and writ of possession. If you win, the court issues a judgment. After the tenant's appeal window closes, the sheriff or constable executes the writ and restores possession.

How long does an eviction take in New Hampshire?

Uncontested cases in New Hampshire typically move through the courts in about 60 days from notice to sheriff's lockout. Contested cases, tenant bankruptcy filings, and local court backlogs can extend this significantly. The minimum realistic timeline (everything uncontested, no appeals) is roughly 30 days.

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Key statute for New Hampshire

Notice for unpaid rent

Authority: N.H. Rev. Stat. § 540:3(II); § 540:2(II)(a)

7 days' notice shall be sufficient if the reason for the termination is as set forth in RSA 540:2, II(a), (b), (d), or (h).

What this means: New Hampshire requires a 7-day notice before you can file for eviction over unpaid rent.

Read from the statute text (verified 2026-09-22)

Notice for other lease violations

Authority: N.H. Rev. Stat. § 540:2(II)(c); § 540:3(II)

(c) Failure of the tenant to comply with a material term of the lease.

What this means: New Hampshire requires a 30-day notice before you can file for eviction over a lease violation other than unpaid rent.

Read from the statute text (verified 2026-09-22)

Ending a month-to-month tenancy

Authority: N.H. Rev. Stat. § 540:3(II); § 540:2(I)

For all residential tenancies, 30 days' notice shall be sufficient in all cases; provided, however, that 7 days' notice shall be sufficient if the reason for the termination is as set forth in RSA 540:2, II(a), (b), (d), or (h).

What this means: New Hampshire requires 30 days' notice to end a month-to-month tenancy.

Read from the statute text (verified 2026-09-22)

For informational purposes only. This is not legal advice: LandlordPro is not a law firm and cannot interpret the law for you. Laws change, and cities and counties add their own rules. Verify the current statute yourself and consult a licensed attorney in your state before taking any legal action.

Abandoned property

If a tenant leaves personal property behind after vacating, New Hampshire allows landlords to handle abandoned property after 7 days of apparent abandonment. Procedures vary — many states require written notice and a public or private sale with proceeds held for a statutory period.

Frequently asked questions

How many days' notice do I need to give before evicting for nonpayment in New Hampshire?

New Hampshire law requires a 7-day notice for nonpayment of rent. The tenant typically has those 7 days to either pay the full amount owed or vacate before you can file in court. See RSA § 540:2.

How long does an eviction take in New Hampshire?

An uncontested eviction in New Hampshire typically takes about 60 days from notice to sheriff's lockout. Contested cases, tenant bankruptcy, or court backlogs can add weeks or months.

Can I evict a tenant at the end of their lease in New Hampshire without cause?

New Hampshire generally allows landlords to end a tenancy at the close of a fixed-term lease or with proper notice to a month-to-month tenant, without needing to show fault. Local ordinances may add requirements — confirm with an attorney if you're in a large city.

Can I change the locks or shut off utilities to force a New Hampshire tenant out?

No. Self-help evictions — changing locks, removing belongings, shutting off utilities — are illegal in New Hampshire and every other US state. Only a court order and a sheriff or constable can legally remove a tenant. Self-help exposes you to damages and statutory penalties.

What happens if my New Hampshire tenant files for bankruptcy during eviction?

A bankruptcy filing triggers an automatic stay that halts the eviction, even if you have a judgment. You'll generally need to file a motion for relief from the automatic stay in bankruptcy court before resuming. Bankruptcies add weeks or months — factor this into your risk assessment.

Handling evictions in New Hampshire with LandlordPro

LandlordPro is built to keep you on the right side of New Hampshire's procedural rules. The notice wizard asks a few questions, drafts a notice using the number of days and language on file for this state; verify it against the current statute before serving, and logs proof of service. If the case proceeds to court, LandlordPro's eviction timeline tracks every deadline and its tenant records bundle feature assembles an attorney-review-ready PDF with a plain-English AI records summary of the case — a tool no other landlord software offers.

Create your first New Hampshire notice →

Raising the rent: New Hampshire requires 30 days' notice before a rent increase. New Hampshire rent increase laws →

Late rent: New Hampshire sets no cap on late fees. New Hampshire late fee laws →

Related: New Hampshire security deposit law — limits & return deadlines · What an eviction costs in every state

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