Eviction Process in New Hampshire
Reasons why you might be able to evict someone in New Hampshire are for:
- Past due rent (give them a demand for rent form before or at the same time as the eviction notice)
- Violation of the lease terms
- Ending a month-to-month (landlord at will tenancy)
- Tenant holding over(the notice filed is a notice to quit)
The eviction notice you receive from your landlord is controlled by your state landlord tenant laws rather than your residential lease agreement. This is also true for the eviction process. While your rental agreement form states when your lease begins and ends, it doesn’t usually contain information about eviction notice processes. Rental laws derive from the landlord tenant rules (state statutes) Eviction procedures vary widely around the country, just like eviction rules. All the names at the bottom of the page are various names for eviction notices or lease ending notices. However, they are used to accomplish different purposes. For this reason, it is crucial to examine the notice you get from your landlord carefully. Ask yourself “What is it that the landlord is trying to accomplish with this notice? What is it that I am supposed to do?”
Eviction Process in New Hampshire
Evictions occur through the District Court in the State of New Hampshire. Landlords must show the court that they have the proper reasons to evict you. The landlord must give you a notice in writing prior to beginning the eviction process. And you must be given the right to appear in court.
A notice for nonpayment of rent must give you at least seven days to move or to pay back rent. Another seven-day notice is one for damage to property or threatening the safety of either the landlord or other tenants. For any other reasons, the landlord must give you at least a 30 day notice prior to requesting you to move. Another delay in you having to move comes about through the court system. The Court has at its discretion the ability to create for you up to 90 additional days of residency in your unit. However you have to pay weekly rent during that delay and it has to be paid in advance.
You can petition the court for more time if you are having difficulty in finding a new place or have some other valid reason. Eviction appeals can also be filed with the New Hampshire Supreme Court. In order to trigger this you or your attorney must signal your reason by filing an appeal within one week of a court judgment. After that you have 30 days from the date of the judgment to fully appeal with the Supreme Court. The Supreme Court of New Hampshire believes this is often a delaying tactic and generally does not accept the appeals for review.
You can be served personally or by a sheriff or constable. The notice can be given to you personally or left at your residence or a with member of your family.
Most states require that evictions occur for only a few reasons that are defined in the state’s Landlord-Tenant statutes. You can download the statutes for your state from this website. The book “How to Stop an Eviction” has chapters on contents of notices and types of notices. If the notice you receive does not contain the correct information, you can get your eviction action cancelled. To obtain those chapters go here.
How the notice is served on you is very important. States have different notice requirements, defined by the state statutes. You can download your state statutes from this website. If the notice was given to you improperly, you can get your eviction action cancelled. The book “How to Stop an Eviction” has a chapter on serving the notice so you can see if you were served properly. To obtain the chapter, go here.
After the notice period, the landlord summons the tenant to court. The summons must meet state standards for content and timing. The state standards can be downloaded from this website. The book “How to Stop an Eviction” has a chapter on contents of the summons so you can verify that the summons contained the correct information. If it does not, you may be able to get the eviction dismissed. To get access to that information, go here.
How the summons is served is important in the tenant’s defense. Many states require that the summons notice be served by someone other than the landlord. The service is often done improperly. In the book “How to Stop an Eviction” there is a section on contesting service of the summons. To get that information, go here.
It is also important that the tenant respond properly to the summons with the correct information to use at trial. There is an extensive chapter in the book “How to Stop an Eviction” showing the tenant how and where to research to determine problems with the landlord’s position. The response to the summons is where that research is entered. The chapter contains over 200 defenses to the eviction. To get access to the information, go here.
In the book “How to Stop an Eviction” there are two chapters relating to the trial. One chapter focusses on preparing for the trial, organizing the information and preparing it to be summarized and presented quickly. The other chapter is on trial strategy. Knowing what information to bring up and when is crucial to the tenant winning. To get access to that information, go here.
If the tenant loses at trial, there are still an additional 9 ways to either win or stall the eviction, sometimes for months. To get access to that information, go here.
Other Useful Information Below
1) Types of tenancies
The notices that you get from your landlord are based on the type of tenant you are. The landlord is required to know what type of tenant you are and to give you the proper notice. If they give you the wrong type of notice, you can often get your eviction action dismissed. To figure out which type of tenant you are, click on this type of tenancy for a quick analysis.
2) Bad mistakes that landlords make that can get them sued.
Click on the links below to see a quick summary of the problem
Health and safety Violations
Violations of Quiet Enjoyment
Unfair or Deceptive Trade Practices
3) Getting the laws of your state
This summary information is provided with the understanding that it is subject to errors, omissions and misstatements. State laws are updated frequently and the most up to the minute information is contained in your state’s statutes.
It is important that you obtain the laws of your state and completely review them. We have a link on this website for you to obtain your state’s laws. To get your state’s laws, go to the home page of this site, and look at the top menu for the state laws. Click on the dropdown menu and then click on your state. You will get a link where you can download your state’s laws.
For the eviction process in other states, click the link below