New Hampshire Eviction Overview
NH Uses 7-Day and 30-Day Notices, Not 10
New Hampshire requires a 7-day demand for non-payment (RSA 540:2, II(a)) and a 30-day notice for lease violations and other grounds (RSA 540:2, II(b)). There is no 10-day statutory period. NH also has a unique "three strikes" rule: if a tenant cures non-payment three times in 12 months, the court can deny further cure opportunities.
New Hampshire's eviction law is codified in RSA Chapter 540 (Actions Against Tenants). The state uses District Court for all eviction proceedings, called "Possessory Actions." New Hampshire is moderately balanced between landlord and tenant rights, with meaningful protections against retaliation but relatively short notice periods for non-payment.
New Hampshire has 10 District Court locations that handle eviction cases. The filing fee is $115. Self-help evictions are strictly prohibited under RSA 540-A:3, and landlords can face criminal penalties for lockouts, utility shutoffs, or removal of tenant property without a court order.
7 Days
Non-payment demand
$115
Filing fee
30 Days
Violation notice
4-8 wks
Typical process
New Hampshire's Actual Notice Periods
| Grounds | Notice Period | Statute |
|---|---|---|
| Non-payment of rent | 7-day demand for rent | RSA 540:2, II(a) |
| Lease violation | 30 days | RSA 540:2, II(b) |
| No-cause termination (at-will) | 30 days | RSA 540:2, I |
| Drug-related criminal activity | 7 days | RSA 540:2, II(c) |
RSA 540 Requirements
When 10 Days Might Apply in NH
A 10-day period could apply if the lease specifies a 10-day cure period for non-payment (exceeding the 7-day statutory minimum). For lease violations, the 30-day statutory period cannot be shortened to 10 days by the lease. In practice, most NH landlords use the 7-day statutory demand for non-payment.
Notice Requirements
- Written Notice: Must be in writing under RSA 540:2
- Specific Amount: For non-payment, state the exact amount of rent due
- Grounds Stated: Clearly state the reason for eviction (non-payment, violation, or no-cause)
- Proper Period: 7 days for non-payment; 30 days for violations or no-cause
- Property Address: Include the full address of the rental unit
- Service Method: Personal delivery, leaving at the unit, or registered/certified mail
How to Serve in New Hampshire
Deliver the Written Notice
Hand deliver to tenant, leave at the unit, or send by registered/certified mail. Personal delivery is preferred for proof
Wait for Notice Period
Allow the full 7 or 30 days to expire. The tenant can cure non-payment by paying rent + $15 liquidated damages
File Possessory Action in District Court
After the notice expires, file a Landlord-Tenant Writ at the District Court. Filing fee: $115
Attend Hearing and Obtain Writ of Possession
The court schedules a hearing. If you prevail, the court issues a Writ of Possession and the sheriff executes it
New Hampshire Eviction Timeline
For non-payment cases: the 7-day demand period is followed by filing in District Court. The court typically schedules a hearing within 7-14 days of filing. If the tenant does not cure (or has exhausted cure rights), the court enters a judgment and issues a Writ of Possession. Total time: 4-6 weeks for uncontested cases.
For 30-day notice cases: add the longer notice period for a total of 6-10 weeks. New Hampshire courts may grant continuances, particularly if the tenant is seeking housing assistance or raises complex defenses.
The "three strikes" rule under RSA 540:9 can speed up repeat non-payment evictions. Once a tenant has cured three times in 12 months, the landlord can file immediately after the 7-day demand period expires without the tenant being able to cure at the hearing.
New Hampshire Filing Fees & Costs
| Fee / Cost | Typical Amount |
|---|---|
| Possessory Action Filing Fee | $115 |
| Sheriff Service of Writ | $30 - $60 |
| Writ of Possession Execution | $75 - $150 |
| Attorney Fees (if hired) | $700 - $2,500 |
| Appeal to Superior Court | $200+ |
Sample New Hampshire Notice
Below is a preview of a New Hampshire-compliant 7-day demand for rent under RSA 540:2, II(a).
7-DAY DEMAND FOR RENT
STATE OF NEW HAMPSHIRE
Pursuant to RSA 540:2, II(a)
TO:
Tenant: [Full Legal Name]
Premises: [Property Address, City, NH]
DEMAND:
You have seven (7) days to pay $_____ in past-due rent. If payment is not received within 7 days, eviction proceedings will be commenced in New Hampshire District Court under RSA Chapter 540.
NEW HAMPSHIRE LAW
Under RSA 540:9, you may cure by paying all rent owed plus $15 in liquidated damages before the court hearing. This cure right may be limited if you have cured three or more times in the past 12 months.