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Eviction notice rules in New Hampshire

Nonpayment notice

7-day eviction notice (RSA 540:2, II(a); 540:3, II). The notice must state with specificity the reason and must inform the tenant of the right to avoid eviction by paying arrearages plus liquidated damages (540:3, III–IV; 540:9).

Lease-violation notice

30-day notice for failure to comply with a material lease term (RSA 540:2, II(c)); 7-day notice for substantial damage to the property (II(b)) or behavior adversely affecting health or safety of others (II(d)). For conduct-based 'other good cause' (II(e)), a prior warning is required (540:2, III).

Unconditional quit (no second chance)

Yes — 7-day notice with no cure for substantial property damage (II(b)) or health/safety-threatening behavior (II(d)).

No-cause / end-of-tenancy notice

Two regimes: 'restricted' (subsidized) property requires a listed good cause; 'nonrestricted' property allows no-cause termination with 30 days' notice (RSA 540:2, II; 540:3, II). Lease-expiration route for qualifying ≥12-month terms: 60 days' notice, and per RSA 540:2, VIII this no-fault termination may not be treated as an eviction on rental applications.

How the notice must be served

Notice may be served by any person, personally on the tenant or left at the tenant's last and usual place of abode. Proof of service = true and attested copy of the notice plus an affidavit of service (affidavit need not be sworn) (RSA 540:5, I).

Your right to fix it (cure)

Nonpayment: pay arrearages plus liquidated damages to avoid eviction (RSA 540:9); the notice must disclose this right. Material lease violations: 30-day window implies an opportunity, but an express statutory cure right is <em>reported — confirm with a licensed attorney</em>.

How days are counted

The clock starts the day AFTER the notice is delivered. If the last day falls on a Saturday, Sunday, or legal holiday, the period extends to the next judicial day (next day a courthouse is open) (per NH Superior Court Rule 2).

After the notice expires

Landlord obtains a Landlord and Tenant Writ from the district court; the sheriff serves it. The tenant must file an appearance by the return day to contest (540:13). Tenant does NOT have to leave when notice expires; only a writ of possession authorizes the sheriff to remove the tenant (540:14).

Court timeline

Hearing shortly after the return day; appeal requires notice of intent within 7 days of the decision (540:20). Full uncontested process: roughly 4–8 weeks.

Retaliation & defenses

Retaliation is an affirmative defense (RSA 540:13-a; 540:13-b on evidence of intent); a successful retaliation defense can yield up to 3 months' rent in damages (540:14, II). Discrimination barred by fair housing law.

The one thing to remember: in New Hampshire, as in every state, a notice is not an eviction. Your landlord must file a case, serve you properly, and win before a judge. Only a court order can remove you.

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