How Do I Evict a Tenant in New Hampshire?

Full question:

I may very well have rented to people who paid the first 4 of 5 months and have no intention of continuing. Their phone's are out of service or aren't taking calls ... no reply to email. What is the quickest way to discover their true intentions and if they aren't honorable, the quickest way to evict? What do I do next? Please help with a step by step 'how to' and some time estimates. Never done this before... and since paying the mortgage is dependent on the rent received, time is of the essence.

• Category: Landlord Tenant
• Subcategory: Lease Termination
• Date: 04/07/2025
• State: New Hampshire

Answer:

If you have a lease, the lease terms may contain terms for early termination. If the lease terms don't allow for early termination, the tenancy may be terminated if there is a breach of the lease terms, such as failure to pay rent. However, the landlord has a duty to mitigate (lessen) damages by making reasonable attempts to relet the premises.

It is possible you may conduct a credit check on the tenant to attempt to determine their intent based on past actions. If the tenant is in breach of the lease, written notice of termination may be served on the tenant, in accordance with the statutes below. I suggest calling the local clerk of courts to inquire about timelines, as evictions proceedings vary by court and the scheduling of the court's docket.

Please see the following NH statutes to determine applicability:

540:2 Termination of Tenancy.

I. The lessor or owner of nonrestricted property may terminate any
tenancy by giving to the tenant or occupant a notice in writing to quit
the premises in accordance with RSA 540:3 and 5.

II. The lessor or owner of restricted property may terminate any
tenancy by giving to the tenant or occupant a notice in writing to quit
the premises in accordance with RSA 540:3 and 5, but only for one of the
following reasons:

(a) Neglect or refusal to pay rent due and in arrears, upon demand.

(b) Substantial damage to the premises by the tenant, members of his
household, or guests.

(c) Failure of the tenant to comply with a material term of the lease.

(d) Behavior of the tenant or members of his family which adversely
affects the health or safety of the other tenants or the landlord or his
representatives, or failure of the tenant to accept suitable temporary
relocation due to lead-based paint hazard abatement, as set forth in RSA
130-A:8-a, I.

(e) Other good cause.

(f) The dwelling unit contains a lead exposure-hazard which the owner
will abate by:

(1) Methods other than interim controls or encapsulation;

(2) Any other method which can reasonably be expected to take more than
30 days to perform; or

(3) Removing the dwelling unit from the residential rental market.

III. If the grounds for eviction is other good cause as set forth in
paragraph II(e) of this section, and such cause is based on the actions or
inactions of the tenant, members of his family, or guests, the landlord
shall, prior to the issuance of the eviction notice, provide the tenant
with written notice stating that in the future such actions or inactions
would constitute grounds for eviction. Such notice shall be served in
accordance with RSA 540:5 or by certified mail.

IV. A tenant's refusal to agree to a change in the existing rental
agreement calling for an increase in the amount of rent shall constitute
good cause for eviction under paragraph II(e) of this section, provided
that the landlord provided the tenant with written notice of the amount
and effective date of the rent increase at least 30 days prior to the
effective date of the increase.

V. "Other good cause" as set forth in paragraph II(e) of this
section includes, but is not limited to, any legitimate business or economic
reason and need not be based on the action or inaction of the tenant,
members of his family, or guests.

VI. No tenancy shall be terminated for nonpayment of rent if:

(a) The tenant was forced, to take over the landlord's utility payments
in order to prevent utility services, which the landlord agreed to
provide, from being terminated;

(b) The amount of rent which the tenant is in arrears does not exceed
the amount paid by the tenant to maintain utility service to the tenant's
premises; and

(c) The tenant has receipts from the utility company or other proof of
payment of the amount paid to maintain utility service.

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), or (d).

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.

540:4 Demand.

Such demand shall be sufficient if made upon the tenant or occupant at
any time after the rent becomes due and prior to or simultaneously with
the service of such eviction notice.

540:5 Service of Demand and Eviction Notice.

I. Any notice of a demand for rent or an eviction notice may be served
by any person and may be served upon the tenant personally or left at his
or her last and usual place of abode. Proof of service must be shown by a
true and attested copy of the notice accompanied by an affidavit of
service, but the affidavit need not be sworn under oath. A notice of a
demand for rent shall be sufficient if served upon the tenant at any time
after the rent becomes due and prior to or simultaneously with the
service of an eviction notice.

II. The district court shall provide forms for a demand for rent and
eviction notice in the district court clerks' offices and on the New
Hampshire judicial branch website. Although a landlord shall not be
required to use the forms, a valid demand for rent or eviction notice
shall include the same information as is requested and provided on such
forms.

540:9 Payment After Notice.

No tenancy shall be terminated for nonpayment of rent, utility
charges, or any other lawful charge contained in a lease or an oral or
written rental agreement if the tenant, before the expiration of the
notice, pays or tenders all arrearages plus $15.00 as liquidated
damages; provided, however, that a tenant may not defeat an eviction for
nonpayment by use of this section more than 3 times within a 12-month
period.