New Hampshire Statewide Rule
New Hampshire Eviction Notice (RSA 540:2, 540:3, 540:9)
Key Facts
- Nonpayment / serious cause
- 7-day notice to quit
- Other grounds
- 30-day notice to quit
- Right to cure (nonpayment)
- Pay rent + $15; max 3 times / 12 months (RSA 540:9)
- Notice must state reason
- Yes. "with specificity"
- Statute
- N.H. Rev. Stat. Ann. §§ 540:2, 540:3, 540:9
Summary
New Hampshire requires a written notice to quit before eviction. RSA 540:3 sets 7 days' notice for nonpayment of rent and the most serious grounds, and 30 days for other reasons. For nonpayment, RSA 540:9 lets the tenant cure by paying all rent plus $15 before the court enters judgment.
540:3 Eviction Notice. I. If a nonresidential tenant neglects or refuses to pay rent due and in arrears, upon demand, 7 days' notice shall be sufficient; if the rent is payable more frequently than once in 3 months, whether such rent is due or not, a notice equal to the rent period shall be sufficient, and 3 months' notice shall be sufficient in all cases. II. For all residential tenancies, 30 days' notice shall be sufficient in all cases; provided, however, that 7 days' notice shall be sufficient if the reason for the termination is as set forth in RSA 540:2, II(a), (b), (d), or (h). III. The eviction notice shall state with specificity the reason for the eviction. IV. If the eviction notice is based on nonpayment of rent, the notice shall inform the tenant of his or her right, if any, to avoid the eviction by payment of the arrearages and liquidated damages in accordance with RSA 540:9. V. For the purpose of interpreting or enforcing any lease or rental agreement for residential tenants in effect on July 1, 2006, a notice to quit shall be deemed an eviction notice under this section.
Full Breakdown
RSA 540:3 sets eviction notice periods: "7 days' notice shall be sufficient" where the ground is one of the serious causes in RSA 540:2, II(a), (b), (d), or (h) (including nonpayment of rent and substantial damage), and otherwise "30 days' notice shall be sufficient in all cases." The notice must "state with specificity the reason for the eviction," and a nonpayment notice must inform the tenant of any right to avoid eviction by paying arrearages and liquidated damages. RSA 540:9 gives a right to cure: a nonpayment action is dismissed if the tenant tenders all rent due plus "$15 liquidated damages" and the court fees, but not more than three times in a 12-month period. Only the court can order removal.
Violations & Penalties
No specific monetary penalty on the landlord. An eviction filed without the proper 7- or 30-day notice, or without the required specificity, will be dismissed; self-help eviction violates RSA 540-A:3 (damages of $1,000 or actual, plus fees, per RSA 540-A:4).
Frequently Asked Questions
How many days' notice does a New Hampshire eviction require?
Can a New Hampshire tenant stop a nonpayment eviction by paying?
Sources
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