The New Hampshire eviction notice forms are documents that may be utilized to either inform a tenant of an impending eviction if things don’t change, or to let the other party know that you don’t intend to renew a month-to-month lease. In New Hampshire, if a tenant is not paying rent, a landlord must deliver both a Demand for Rent and an Eviction Notice. The tenant will have seven days to respond. If there is no response, landlord may proceed with obtaining a a Writ of Possession from the Local District Court. The landlord will have to include copies of the notices delivered to tenant, and an Affidavit of Damages.
Eviction Checklist – Simple guide provided by the State of New Hampshire to guide landlords and tenants on the process for an eviction.
Notices By Type
Notice to Quit (For All Lease Violation Types) – Check the appropriate box on the form for the notice that best matches the tenant’s violation:
- Non-payment of rent – 7 days’ notice and the Demand for Rent is required to be attached.
- Non-compliance – 30 days’ notice
In most cases tenant shall have the right to cure the violation. In relation to non-payment, the tenant shall have seven (7) days plus must pay a $15 fee along with any other charges claimed by the landlord. If tenant has received a demand notice 3 times in a twelve month period, he or she will not be able to cure the violation
30-Day Notice to Quit (Month to Month) – This form is for use when either party wishes to end a month-to-month tenancy.
When is Rent Due
Rent is due on the state specified in the lease. If it is not received by the landlord on that date, it is considered late and landlord may proceed with a demand notice.
How to Evict (Process)
Step 1 – In New Hampshire, before a landlord can begin eviction proceedings, he or she must inform the tenant of any breach of the lease and give them an opportunity to fix it. If it is a breach for non-payment, landlord must deliver a Demand for Rent and an Eviction Notice and give the tenant 7 days to pay. If it is for another breach other than non-payment of rent, landlord may provide a non compliance notice (Notice to Quit (For All Lease Violation Types).
Step 2 – If tenant fails to cure the breach (either pay all the rent that is due, or fix the issue that caused the lease to be violated), landlord may proceed to the Local District Court and file the following forms:
- Landlord and Tenant Writ (NHJB-2333-DP) – This form is only available at the Court Clerk’s Office
- Affidavit of Damages and Statement of Claim (Only for Non-Payment of Rent)
- Affidavit of Ownership
- Affidavit of Military Service
In addition, the Appearance Form will schedule a hearing date and there will be a fee assessed in the amount of $125 plus $1 for the Writ (NHJB-2333-DP).
Step 3 – If the Judge rules in the favor of the landlord then a Writ of Possession will be issued. This form must be taken to the local county sheriff’s office and a legal lock-out of the property will be conducted if the tenant does not vacate themselves.