New Hampshire Eviction Notice Forms – PDF
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New Hampshire prescribes a particular legal process property owners must follow if they wish to evict tenants. This process is slightly different from most states’ procedures.
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Steps to Evict a Tenant in New Hampshire
- 1. Notice and Demand for Rent
Landlords must give tenants notice before filing an eviction action. The notice must be written, hand delivered to the tenant or posted on the property if the tenant is not present, and it must state the reason for the eviction (See Statute 540:2). The notice must also state that the tenant may stop the eviction by paying rent within seven days if nonpayment is the reason for the eviction.
In nonpayment of rent cases, landlords must also serve tenants with a Demand for Rent stating how much the tenant owes.
For failure to pay rent, substantial damage to property, or for presenting a health or safety hazard, the notice must be given seven days before filing an eviction. Any other type of eviction requires 30 days’ notice.
If the tenant has not left during the notice period, the property owner may file a Writ with the district court (See List). The sheriff will serve the corresponding Summons to the tenant, which instructs the tenant to file an Appearance if he or she wants to contest the eviction in a hearing. There will be no hearing if the tenant does not request one, and thus the landlord would win the case. The hearing will occur within 10 days of filing the Appearance form.
Owners must have a particular reason for evicting tenants in New Hampshire. At the court hearing, the owner will have to prove his or her case, meaning prove that the tenant failed to pay rent or violated the lease or the law in some way. The owner also must show he or she provided notice properly.
Of course, the tenant may win the case by proving that he or she does not owe rent, or did not violate the lease or create a nuisance. Tenants may also request a stay, where the judge may delay any eviction for up to 90 days even if the tenant loses, although the tenant would have to pay weekly rent. Further, if the tenant loses, he or she can file an appeal within seven days of the decision.
If the landlord prevails, the judge will issue a Writ of Possession instructing the tenant to vacate. After a certain period, the sheriff will physically remove the tenant from the property. The landlord may not attempt to remove tenants from the property in any way before the sheriff serves this rent.
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