New Hampshire (NH) eviction guide
Quick answer
To evict a tenant in New Hampshire, serve a written notice to quit (7 days for nonpayment or illegal activity, 30 days for lease violations, 90 days for long-term tenants at end of lease), then file a Landlord and Tenant Writ at the Circuit Court District Division. A hearing is typically scheduled within 10 days of the tenant filing an appearance. From notice to lockout, most evictions take 4 to 8 weeks if uncontested.
| Legal grounds | Nonpayment of rent, lease violations, illegal activity, lease non-renewal |
|---|---|
| Minimum notice | 7 days (nonpayment or illegal activity) |
| Where to file | NH Circuit Court, District Division |
| Filing fee | About $125 to $175 |
| Typical timeframe | 4 to 8 weeks |
Required for nonpayment of rent, illegal activity, major property damage, or refusal to temporarily relocate for hazard remediation.
Required for lease violations (such as unauthorized pets or property damage) or non-renewal of a tenancy of less than one year.
Required when terminating a tenancy held for more than 12 months at the end of a lease term, under RSA 540:3, II.
Landlords without a specific cause can terminate a month-to-month tenancy with 30 days notice in all cases not covered by the 7-day rule.
| Step | Timeframe | What happens |
|---|---|---|
| 1. Serve the Written Notice to Quit | 7 to 90 days | Deliver a written notice stating the reason and quit date; hand it to the tenant directly or send by certified mail. |
| 2. File the Landlord and Tenant Writ | 1 to 3 days | If the tenant does not vacate, file a complaint and pay the filing fee (about $125 to $175) at the Circuit Court District Division covering the rental property's location. |
| 3. Tenant Is Served and Files an Appearance | 7 days | The sheriff serves the writ; the tenant has 7 days to file an appearance form to request a hearing, or a default judgment is entered for the landlord. |
| 4. Attend the Eviction Hearing | 6 to 10 days after appearance | The court schedules a hearing roughly 6 to 10 days after the tenant files an appearance; both parties present their case before a judge. |
| 5. Receive the Court Judgment | Same day as hearing | The judge issues a ruling; either party may file a notice of intent to appeal within 7 days of the judgment. |
| 6. Obtain the Writ of Possession and Enforce Lockout | 8 days after judgment | The writ of possession issues no sooner than 8 days after the hearing; the sheriff then enforces removal if the tenant has not vacated. |
Filing a Landlord and Tenant Writ costs approximately $125 to $175 depending on the Circuit Court location, plus sheriff's service fees that typically run $30 to $75. If the tenant contests and the case goes to a full hearing, landlords who hire an attorney can expect total out-of-pocket costs of $500 to $3,000 or more.
Once the landlord wins, the court issues a Writ of Possession no sooner than 8 days after the hearing (or 5 business days after a default judgment). The writ gives the tenant a final window to vacate, after which only a sheriff or constable may physically remove the tenant and their belongings. Self-help eviction methods such as changing locks, removing doors, or shutting off utilities are illegal in New Hampshire and expose the landlord to damages and attorney fees.
General information, not legal advice. Governing statute: RSA Chapter 540 (Proceedings Against Tenants). Self-help eviction is illegal everywhere; always follow the court process.
New Hampshire eviction FAQ
Most uncontested evictions take **4 to 8 weeks** from the day the notice is served to the day the writ of possession is enforced. Add another 30 to 90 days if the tenant files an appeal or requests a discretionary stay of execution.
The filing fee alone is roughly **$125 to $175**, plus sheriff service fees of about $30 to $75. Total costs with an attorney typically range from **$500 to $3,000** depending on whether the tenant contests the case.
No. New Hampshire law requires a court order before a tenant can be removed. Self-help eviction tactics like changing locks or removing belongings are illegal and can result in the landlord owing the tenant damages and attorney fees.
If the tenant fails to file an appearance within **7 days** of being served, the court enters a **default judgment** for the landlord. A writ of possession can then be issued at least 5 business days after the clerk issues notice of default.
Yes, in limited circumstances. A tenant can file a **notice of intent to appeal within 7 days** of the judgment, which puts enforcement on hold. A tenant may also ask the court for a discretionary stay of up to **90 days** based on hardship, at the judge's discretion.
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