New Hampshire Non-Payment of Rent Notice Overview
New Hampshire requires a 7-day demand for rent under RSA 540:3 as the first step in the non-payment eviction process. If the tenant does not pay within 7 days, the landlord must then serve a separate notice to terminate the tenancy. This two-step process gives New Hampshire tenants more time than the 7-day period alone suggests.
New Hampshire eviction cases (possessory actions) are filed in the District Division of the Circuit Court. Hillsborough County (Manchester, Nashua) and Rockingham County process the most cases. New Hampshire courts take tenant protections seriously and require strict compliance with notice requirements.
7 Days
Notice period
$145
Avg. filing fee
Yes
Right to cure
3-6 wks
Court process
New Hampshire's 7-Day Notice Requirement
Under RSA 540:3, when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 7 days to either pay the full amount of rent owed or vacate the premises. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply.
New Hampshire requires a 7-day demand for rent before filing an eviction (possessory action). The demand must be written and served properly. New Hampshire also requires landlords to give a 30-day written notice to terminate a tenancy for non-payment (separate from the 7-day demand). The state has strong anti-retaliation protections and prohibits self-help eviction.
New Hampshire: Both 7-Day Demand AND 30-Day Termination Notice
New Hampshire's process requires two steps: (1) a 7-day demand for rent under RSA 540:3, and (2) if unpaid, a separate 30-day written notice to terminate the tenancy. Only after both have been served and expired can the landlord file a possessory action (eviction) in court. This two-step process makes New Hampshire's effective notice period among the longest in New England.
New Hampshire Legal Requirements (RSA 540:3)
For the notice to be valid under New Hampshire law, it must meet specific requirements established by statute and interpreted by New Hampshire courts. A defective notice will result in dismissal of the eviction action, requiring the landlord to start the process over.
Required Notice Elements
- Written Format: The notice must be in writing. Verbal demands are not legally sufficient under New Hampshire law
- Exact Rent Amount: State the precise dollar amount of rent owed, broken down by period if applicable
- Cure Period: Clearly state the tenant has 7 days to pay the full amount or vacate
- Property Address: Include the full street address and unit number of the rental premises
- Tenant Names: List all tenants named on the lease who must be served with the notice
- Termination Warning: State that the rental agreement will terminate if rent is not paid within the notice period
- Landlord Information: Include the landlord's name, address, and contact information
New Hampshire Grace Period & Late Fee Rules
No statutory grace period. 30-day written lease notice requirement for termination. Understanding New Hampshire's specific rules about when rent becomes late and what fees can be charged is essential for properly timing and drafting the non-payment notice.
No statutory cap. Must be reasonable and in lease. Landlords should ensure all fee provisions are clearly documented in the lease agreement and comply with New Hampshire law.
New Hampshire Late Fee Quick Reference
Grace Period
No statutory grace period.
Late Fee Rule
No statutory cap.
Partial Payment
Does not cure. Acceptance may waive eviction.
Right to Cure
Yes.
How to Serve a Non-Payment Notice in New Hampshire
New Hampshire law specifies acceptable methods for delivering the notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. New Hampshire courts require proof of proper service before proceeding with an eviction action.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and preferred by New Hampshire courts. Use a witness or process server to establish proof of service.
Substitute Service
If the tenant is not available, leave the notice with a person of suitable age and discretion residing at the premises. Document the name and relationship of the person who accepted it.
Post and Mail
Post the notice conspicuously on the main entrance of the unit and mail a copy via first-class mail. Both steps must be completed for valid service under this method.
Certified Mail
Send via certified mail with return receipt requested. Keep the return receipt as proof of delivery. The notice period begins when the tenant receives or signs for the mail.
File After Notice Expires
After the notice period passes without payment, file an eviction complaint in New Hampshire District Court or Circuit Court. Include the original notice and proof of service with your filing.
New Hampshire Non-Payment Eviction Timeline
The New Hampshire eviction process for non-payment follows a structured timeline. Understanding this timeline helps landlords plan appropriately and set realistic expectations for regaining possession.
| Step | Timeframe |
|---|---|
| Serve 7-Day Demand for Rent | Day 1 |
| Demand period expires | Day 8 |
| Serve termination notice (if still unpaid) | Day 8 |
| File possessory action in court | Day 8-12 |
| Court hearing (within 10-30 days) | Day 18-42 |
| Judgment for possession | Day 18-42 |
| Writ of possession executed | Day 25-50 |
Total estimated time: 3-6 weeks. New Hampshire's two-step notice process adds time. Contested cases take 5-10 weeks.
New Hampshire Eviction Filing Fees & Costs
Filing fees for eviction actions in New Hampshire vary by court. Below are typical costs landlords should expect.
| Fee / Cost | Typical Amount |
|---|---|
| District Court or Circuit Court Filing Fee | $115 - $175 |
| Service of Process | $25 - $60 |
| Writ of Possession/Restitution | $25 - $75 |
| Attorney Fees (if hired) | $500 - $2,500 |
| Appeal (if needed) | $200 - $350 |
Sample New Hampshire 7-Day Non-Payment Notice
Below is a preview of our New Hampshire-specific non-payment notice. The final document includes all statutory language required under RSA 540:3 and is formatted for New Hampshire court proceedings.
SEVEN (7) DAY DEMAND FOR RENT
STATE OF NEW HAMPSHIRE
Pursuant to RSA 540:3
TO TENANT(S):
Name(s): [All Tenants on Lease]
Property: [Full New Hampshire Property Address]
RENT DUE:
Total rent owed: $[Amount]for the period of [Month/Year].
NEW HAMPSHIRE STATUTORY NOTICE:
DEMAND IS HEREBY MADE for payment of rent in the amount of $[Amount] within SEVEN (7) DAYS from service. If you fail to pay within 7 days, the landlord will serve notice to terminate your tenancy and file a possessory action in New Hampshire court to recover possession, unpaid rent, and costs.