New Hampshire Eviction
UPDATED: February 13, 2020
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New Hampshire evictions are available to any landlord who wants to evict a tenant so long as the landlord follows New Hampshire eviction procedure. Failure to follow the procedure may result in an eviction suit being dismissed, or even the landlord being liable for damages to the tenant.
Available New Hampshire Termination Notices
The most common reasons for evictions are failure to pay rent and breach of the lease. Before a landlord may file for eviction, he or she must first give the tenant notice that the lease is terminating. The type of notice that must be given depends on the reason for the eviction.
If a landlord wishes to end a tenancy earlier than the lease term, he or she may do so by serving the tenant with an appropriate notice. New Hampshire allows for the following types of written termination notices:
Pay rent or quit: This is a 7 day notice. A landlord uses this notice when the tenant fails to pay rent. The tenant will have 7 days to pay before the landlord can file for eviction (N.H. Rev. Stat. ï¿½ 540:3(II)).
7 day notice: This is another 7 day notice available when the tenant has substantially damaged the premises (N.H. Rev. Stat. ï¿½ 540:3(II)).
Cure or quit: This is a 30 day notice given to tenants who have breached the lease in a minor way. The tenant has 30 days to cure the breach or leave before the landlord files for eviction (N.H. Rev. Stat. ï¿½ 540:3(II)).
Evictions in New Hampshire are handled by the District courts. Find your local District court at the New Hampshire courts website. Your local court's website may have evictions forms available for you to fill out. Some forms are also available at the state's website. While filling out evictions forms and filing in court may seem like a simple task, the paperwork can become complicated, and many mistakes are made. If you aren't comfortable filing these forms yourself, you may want to seek the expertise of an experienced New Hampshire landlord tenant attorney. Be sure to refer to Questions to Ask Your New Hampshire Evictions Lawyer below when speaking to an attorney.
Self-Help Evictions in New Hampshire
Self-help evictions are illegal in New Hampshire. To find out more about self-help evictions, contact an evictions attorney. If a landlord locks a tenant out or shuts off the utilities in an attempt to force the tenant out without going through the eviction process, the tenant could be entitled to
- Damages; and
- Attorney's fees, possibly.
Questions to Ask Your New Hampshire Evictions Lawyer
- How many evictions cases have you handled?
- How many were successful/unsuccessful?
- How long will the eviction process take?
- For tenants: How long do I have before I MUST move out?
- For landlords: Will I be able to get a judgment for back rent for the amount of time the tenant has been living in the rental property illegally?
- What do you charge?
- For landlords: If I hire you, will I be subject to the Fair Debt Collection Practices Act (FDCPA)?