New Hampshire Eviction Notice Overview
New Hampshire uses a 7-day demand for rent under RSA 540:3. There is no 5-day notice provision. New Hampshire eviction actions are called 'possessory actions' and are filed in the Circuit Court District Division. The state provides significant tenant protections and prohibits self-help evictions.
Understanding the correct notice period is critical for New Hampshire landlords. Using a 5-day notice when the law requires a different period will result in the court dismissing the eviction case, costing the landlord additional time and filing fees. Always verify the current New Hampshire statutory requirements before serving any eviction notice.
7-day
Actual notice period
$120 - $150
Court filing fee
Circuit
Court type
5-10 Wks
Total process
Why New Hampshire Uses 7-day, Not 5 Days
Important: New Hampshire Does Not Have a 5-Day Notice
A 5-day eviction notice is not the correct notice period in New Hampshire. Under RSA 540:3, the required notice for non-payment of rent is 7-day. Serving a 5-day notice will likely result in the court dismissing your case. Use the correct 7-day notice period.
States that do use a 5-day notice include Arizona, Delaware, Hawaii, Illinois, Oklahoma, Rhode Island, South Carolina, Virginia, and Wisconsin. New Hampshire is not among them. The 7-day notice requirement in New Hampshire applies to the most common eviction scenario: non-payment of rent. Other eviction grounds (lease violations, month-to-month terminations) may require different notice periods under New Hampshire law.
If you are a landlord in New Hampshire, ensure your eviction notice complies with RSA 540:3 and includes all elements required by Circuit Court. Using our New Hampshire-specific template ensures you have the correct notice period and statutory language.
New Hampshire Legal Requirements for Eviction Notices
To withstand judicial scrutiny in New Hampshire Circuit Court, your eviction notice must contain all elements required by state law. Missing even one required element gives the tenant grounds to challenge the notice.
Required Notice Contents
- Tenant Names: Full legal names of all adult tenants on the lease agreement
- Property Address: Complete address including unit number, city, and New Hampshire county
- Amount Owed: For non-payment cases, specific dollar amount of rent due plus any lawful late fees
- Notice Period: Clear statement of the 7-day period to pay or vacate as required by RSA 540:3
- Consequences: Warning that failure to pay or vacate will result in eviction proceedings in Circuit Court
- Landlord Information: Name, signature, and contact information of the landlord or property manager
- Date of Service: The date the notice is delivered, which starts the 7-day clock
How to Serve an Eviction Notice in New Hampshire
Proper service of the eviction notice is essential under New Hampshire law. Circuit Court judges regularly dismiss cases where the landlord cannot demonstrate proper service.
Personal Hand-Delivery (Preferred)
Deliver the notice directly to the tenant in person. Bring a witness or use a process server for documentation. This is the method New Hampshire courts trust most.
Substituted Service
If the tenant is not available, leave the notice with a competent adult (18+) residing at the property. Record the name and date of service.
Post and Mail
Post the notice on the main entry door and mail a copy via first-class or certified mail. Use this as a last resort when personal delivery fails.
Document Everything
Prepare a proof of service affidavit recording the date, time, method, and witnesses. New Hampshire courts require this when filing the eviction complaint.
File After Notice Period Expires
Once the 7-day period expires without payment or vacancy, file the eviction complaint at the Circuit Court in the jurisdiction where the property is located.
New Hampshire Eviction Timeline
The eviction process in New Hampshire follows a specific timeline from notice to enforcement. A typical uncontested eviction takes approximately 5-10 Wks from the date the notice is served. Contested cases can take significantly longer.
After the 7-day notice period expires and the complaint is filed, the court schedules a hearing. At the hearing, the judge reviews the notice, lease, and proof of service. If the landlord prevails, the court enters a judgment for possession.
Following the judgment, the tenant has a limited time to appeal or vacate. If the tenant does not leave voluntarily, the landlord obtains a writ of possession, and the sheriff or constable enforces the removal. Self-help evictions are illegal in New Hampshire and can expose the landlord to substantial liability.
New Hampshire Eviction Filing Fees & Costs
Below are the typical costs associated with the eviction process in New Hampshire. Actual fees may vary by county and specific circumstances.
| Fee / Cost | Typical Amount |
|---|---|
| Circuit Court Filing Fee | $120 - $150 |
| Service of Process | $25 - $75 |
| Writ of Possession | $25 - $100 |
| Attorney Fees (Uncontested) | $400 - $2,000 |
Sample New Hampshire Eviction Notice
Below is a preview of the New Hampshire-specific eviction notice using the correct 7-day notice period required by RSA 540:3.
NOTICE TO PAY RENT OR QUIT
STATE OF NEW HAMPSHIRE
Pursuant to RSA 540:3
TO TENANT(S):
Name(s): [All Tenant Names]
Address: [Full New Hampshire Address]
NOTICE:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to RSA 540:3, you have 7-DAY from the date of service to pay the total amount due or surrender possession.
NEW HAMPSHIRE COMPLIANCE
This notice uses the correct 7-day period required by New Hampshire law under RSA 540:3. A 5-day notice is not valid in New Hampshire.