Facing Eviction in New Hampshire: What Can I Do?
This page covers eviction in New Hampshire. It names the eviction notice, how to stop a case about unpaid rent, and what to do with court papers. It also covers defenses to an eviction case.
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A landlord of restricted property (rented housing, except the kinds the law lists) may end a rental only for certain reasons. The landlord must give a written notice to quit (a letter saying you must move out). Reasons include unpaid rent after the landlord asks for it, and substantial damage to the home by you, your household, or guests. They also include breaking a material term (an important part) of the lease. Others are behavior that harms the health or safety of other tenants or the landlord, and other good cause.
✓ Sources checked October 4, 2026
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In New Hampshire, rented housing is restricted property, except for three kinds. One is a single-family house whose owner does not own more than 3 such houses at any one time. Another is a rental unit in an owner-occupied building of 4 units or fewer. The third is a single-family house a bank or other lender got through foreclosure (taking a home after the owner stops paying the mortgage).
✓ Sources checked October 4, 2026
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The law calls some rented homes nonrestricted property (the rented homes listed in RSA 540:1-a, I). One is a single-family house, if the owner does not own more than 3 single-family houses at any one time. Another is a rental unit in an owner-occupied building with 4 units or fewer.
✓ Sources checked October 4, 2026
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For a rented home, an eviction notice of 30 days is enough in all cases, unless the reason is one that allows 7 days' notice.
✓ Sources checked October 4, 2026
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For a rented home, 7 days' notice is enough for some reasons. One is not paying rent due and in arrears (unpaid) when the landlord demands it. Another is substantial damage to the home by the tenant, household members or guests.
✓ Sources checked October 4, 2026
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An eviction notice in New Hampshire must state the reason for the eviction with specificity (in detail).
✓ Sources checked October 4, 2026
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A court case based only on unpaid rent must be dismissed (ended) if two things happen. First, you pay your landlord before the hearing on the merits (the hearing that decides the case). Pay in cash, certified check, prepaid money order, electronic transfer, or other guaranteed funds. You pay all rent due through that day, other lawful charges in the lease, $15, and the landlord's filing and service fees. Second, the landlord gives the court a receipt. You can use this rule only 3 times in 12 months.
✓ Sources checked October 4, 2026
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In a case based only on unpaid rent, suppose your landlord does not file a receipt of your payment with the court. The hearing on the merits (the hearing that decides the case) then goes ahead. The court must dismiss (end) the case if you prove you paid before the hearing. You must have paid all rent due, other lawful charges in the lease, $15, and the landlord's filing and service fees. You can use this rule only 3 times in 12 months.
✓ Sources checked October 4, 2026
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A tenant cannot defeat an eviction for not paying rent by paying under RSA 540:9 for a 4th time within a 12-month period.
✓ Sources checked October 4, 2026
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In a New Hampshire eviction case, a court notice comes with the writ (the court paper that says the landlord is entitled to possession). The court notice also requires an answer with defenses and counterclaims within 5 days after the return date. The notice says a tenant cannot be evicted unless the court orders it. The court may order an eviction if the tenant does not file an appearance (the court's appearance form).
✓ Sources checked October 4, 2026
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To contest a New Hampshire eviction, you must file an appearance in the district court. An appearance is the court's appearance form. File it no later than 5 days from the return day appearing on the writ (the court paper that says the landlord is entitled to possession).
✓ Sources checked October 4, 2026
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In a case for unpaid rent, the landlord may accept the rent owed while the case is pending. Taking payment does not create a new tenancy (a new rental) if the landlord tells the tenant in writing the eviction will go ahead anyway. The landlord may choose not to accept payment.
✓ Sources checked October 4, 2026
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Unless you owe your landlord the equivalent of one week's rent or more, retaliation is a defense to an eviction case on residential property. Retaliation means a case brought in response to what you did. A defense is a legal reason to fight the case. Protected acts include, for example, reporting in good faith what you reasonably believe is a violation of RSA 540-A. Another is meeting with other tenants for any lawful purpose.
✓ Sources checked October 4, 2026
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A court presumes (assumes unless shown otherwise) retaliation in some cases. Retaliation means an act in response to what you did. The landlord may start an eviction case, raise the rent, or make a big change to the terms of the tenancy (the rental). The time limit is 6 months after the landlord gets notice of a violation you reported, for example. The court does not presume retaliation if it finds your report primarily intended to prevent any eviction.
✓ Sources checked October 4, 2026
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