How to Evict a Tenant in New Hampshire: A Step-by-Step Guide
Evicting a tenant is never an easy process for anyone, but sometimes it becomes necessary for landlords in New Hampshire. Whether it's due to non-payment of rent, lease violations, or other reasons, landlords must follow the proper legal procedure to ensure that the eviction is carried out correctly. Failing to do so can lead to delays, complications, or even legal trouble. The primary source to understand eviction rights is chapter 540 in New Hampshire State law, if you have lots of time, you can read it here.
I would always recommend a honey over vinegar approach - if you need tenants to move out and you can afford it, offer to help tenants move by offering them assistance or financial assistance. The law does allow landlords to evict tenants but there's a length process to get there (2 to 6 months), and it may be less headache and less financial impact to just help the tenant move if that's what's holding them back. In the event that you can't come to some agreement, here are the following steps to eviction in New Hampshire.
Step 1: Ensure You Have a Legal Reason for Eviction
In New Hampshire, a landlord can evict a tenant for several reasons, but the most common ones include:
- Non-payment of rent
- Violation of lease terms: If the tenant breaches any terms of the lease, such as having unauthorized pets or subletting the unit.
- End of lease: If the lease term ends, and the tenant refuses to leave or renew the lease.
- Illegal activity including if the tenant is accused of domestic violence, sexual assault, or stalking.
- Substantial Damage to the unit
- Non-Compliance with Health and Safety Standards: If the tenant is consistently doing things that jeopardize the health and safety of the property or other tenants.
- The landlord needs to abate lead paint
- Failing to help remediate a rodent or insect infestation. The remediation is the landlord’s responsibility, and they need to provide written notice of timing and required preparations but the tenants is required to cooperate and can be evicted if they don’t
Step 2: Provide the Required Notice
Before filing for eviction, you must give the tenant the appropriate written notice. The type of notice depends on the reason for eviction:
- Non-Payment of Rent:
- If a tenant has failed to pay rent, New Hampshire law requires a 7-day notice to pay rent or quit. This gives the tenant 7 days to pay the overdue rent or vacate the property. If they do neither, you may proceed with the eviction process.
- Violation of Lease Terms:
- If the tenant violates a term of the lease (e.g., having unauthorized pets, damaging the property, or disturbing neighbors), the landlord must provide a 30-day notice to quit. This gives the tenant 30 days to remedy the situation or move out. If the violation is not corrected, you can move forward with the eviction.
- End of Lease:
- If the lease has ended and the tenant refuses to leave, you must provide a 30-day notice to quit, which gives the tenant 30 days to vacate the property. No reason for the eviction is necessary if the lease term is over.
- Illegal Activity:
- In cases of illegal activity (e.g., drug dealing, theft), you can give a 3-day notice to quit. If the tenant does not vacate within this time, you can proceed with eviction.
Step 3: File for Eviction in Court
If the tenant does not comply with the notice to leave, the next step is to file for eviction at your local District Court. You’ll need to fill out a summons and complaint form and submit it to the court, along with a filing fee (usually around $100). The court will then schedule a hearing.
At this point, you’ll need to provide proof that you followed all legal procedures, including serving the notice properly and the reason for eviction (e.g., non-payment of rent, lease violations). Make sure you keep copies of all notices sent and any communication with the tenant.
Step 4: Attend the Court Hearing
Once the court hearing is scheduled, both the landlord and the tenant will have the chance to present their case. The judge will review the evidence and decide whether the eviction is justified. Be prepared to present:
- The lease agreement
- Copies of any written notices you sent to the tenant
- Evidence of the tenant’s failure to comply (e.g., unpaid rent receipts, photos of damage, etc.)
If the judge rules in your favor, they will issue an order of eviction.
Step 5: Post the Eviction Notice
If the court grants the eviction, the tenant will be given a certain amount of time to vacate, usually 7 to 10 days. During this period, the tenant may still choose to move out voluntarily.
If the tenant refuses to leave, the sheriff will serve an eviction order and can assist with physically removing the tenant from the property. The sheriff will typically handle the logistics of removing the tenant and their belongings.
Step 6: Recovering Unpaid Rent and Damages
If the tenant owes back rent or has caused property damage, you may be able to pursue additional legal action to recover those costs. After the eviction, you can file a small claims lawsuit for the unpaid rent or damage to the property. New Hampshire law allows landlords to pursue claims for damages up to $10,000 in small claims court.
Conclusion
Evicting a tenant in New Hampshire is a legal process that must be handled carefully and with respect to the law. From providing proper notice to attending a court hearing, following the correct steps is crucial. While eviction can be a stressful and difficult process, taking the right legal steps will help ensure that you maintain your rights as a landlord while also protecting tenants' rights.
Remember, landlords in New Hampshire cannot simply change locks, turn off utilities, or engage in “self-help” eviction. The process must go through the courts to ensure fairness and legality. Following the procedure and maintaining clear documentation will help you navigate an eviction successfully, should the situation arise.
Legal Disclaimer: The information provided in this article is for general informational purposes only and should not be construed as legal advice. I am not a licensed attorney, and the content of this blog does not create an attorney-client relationship. Laws and regulations may vary, and it is always recommended to consult with a qualified legal professional to address specific legal concerns or questions regarding your situation.
