New Hampshire Statewide Rule
New Hampshire Month-to-Month Termination (RSA 540:2, 540:3)
Key Facts
- Month-to-month notice
- 30-day notice to quit (RSA 540:3)
- Good cause required
- Yes, on restricted property (RSA 540:2)
- Notice must state reason
- Yes. "with specificity"
- Statute
- N.H. Rev. Stat. Ann. §§ 540:2, 540:3
Summary
A New Hampshire landlord ends a month-to-month tenancy with a 30-day notice to quit under RSA 540:3, and on "restricted property" must also have good cause under RSA 540:2. Tenants generally give 30 days' notice. Eviction itself requires a court possessory action after the notice expires.
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).
Full Breakdown
Termination of a residential tenancy is governed by RSA 540:2 and 540:3. RSA 540:3 provides that "for all residential tenancies, 30 days' notice shall be sufficient in all cases," except that 7 days suffices for the serious grounds in RSA 540:2, II(a), (b), (d), or (h). For "restricted property" (most residential rentals), RSA 540:2 requires the landlord to terminate only for a listed good cause, such as nonpayment, substantial damage, material lease violation, conduct affecting health or safety, or "other good cause." A tenant ending a month-to-month tenancy ordinarily gives 30 days' notice. The notice to quit must "state with specificity the reason for the eviction." Notice alone does not remove a tenant; the landlord must bring a possessory action in the district division.
Violations & Penalties
No specific statutory penalty. A termination without the required 30-day (or 7-day) notice, or without good cause on restricted property, will not support a possessory action; self-help eviction is barred by RSA 540-A:3.
Frequently Asked Questions
How do I end a month-to-month lease in New Hampshire?
Can a New Hampshire landlord end a month-to-month tenancy for any reason?
Sources
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