What eviction notices are legally required by state law?
This rental guidance was reviewed by the Tenants & Landlords Intelligence Team, specializing in lease agreements, notices, rent disputes, deposits, evictions, and tenant-landlord operational procedures.
Eviction Notices Required by New Hampshire Law for Landlords
When managing rental properties in New Hampshire, landlords must strictly adhere to state laws regarding eviction notices. Proper notice is a critical step in the eviction process that ensures tenants are informed of lease violations or termination and preserves the landlord's right to pursue legal eviction if necessary. This guide outlines the types of eviction notices required under New Hampshire law, their content, timing, and delivery requirements.
Overview of Eviction Notices in New Hampshire
New Hampshire’s landlord and tenant laws provide specific procedures landlords must follow when terminating a tenancy or addressing lease violations. An eviction notice serves as formal written communication to the tenant indicating that the landlord is initiating the process to regain possession of the rental property.
Eviction notices are generally categorized as:
- Notice to Quit (or Termination Notice)
- Cure or Quit Notice
- Nonpayment of Rent Notice
1. Notice to Quit (Termination Notice)
A Notice to Quit is the most common eviction notice in New Hampshire. It informs the tenant that the landlord is terminating the tenancy and that the tenant must vacate the premises by a specified date.
When to Use
- At the end of a lease term when the landlord does not wish to renew.
- For terminating a month-to-month rental agreement.
- When there is no reason required for termination if the rental agreement is periodic.
Timing Requirements
- For month-to-month tenancies, landlords must provide at least 30 days notice prior to the next rent due date.
- If the tenant holds a lease for a fixed term, the lease terms generally dictate the notice requirements unless there is a lease violation.
Content Requirements
A valid Notice to Quit should include:
- The landlord’s name and address.
- The tenant’s name.
- The rental property address.
- The specific date by which the tenant must vacate.
- A statement that tenancy is terminated on that date.
Delivery
The notice must be delivered to the tenant by:
- Personal delivery.
- Mailing the notice via certified mail.
- Leaving it at the tenant's residence with a person of suitable age.
2. Cure or Quit Notice (Notice for Lease Violations)
When a tenant violates a material term of the lease (e.g., unauthorized pets, property damage, nuisance behavior), landlords must typically provide a Cure or Quit Notice. This notice gives tenants an opportunity to remedy (or "cure") the lease violation before eviction proceedings begin.
When to Use
- For breaches of lease terms unrelated to nonpayment of rent.
- Examples: Keeping unauthorized pets, causing noise disturbances, violating occupancy limits.
Timing Requirements
New Hampshire law does not prescribe a specific statutory cure period but customary practice calls for providing tenants at least 7 to 14 days to correct the violation. The actual timeframe should be reasonable and ideally specified in your lease agreement.
Content Requirements
The notice should:
- Clearly describe the nature of the lease violation.
- State the action tenant must take to correct the violation.
- Provide a deadline to cure the violation.
- Inform the tenant that failure to cure may result in eviction proceedings.
3. Nonpayment of Rent Notice
For tenants who fail to pay rent, New Hampshire law authorizes landlords to serve a Nonpayment of Rent Notice as the first step in the eviction process.
When to Use
- Upon tenant’s failure to pay rent when due.
Timing Requirements
- Under New Hampshire law, landlords typically provide a 3-day notice to pay rent or quit.
- The tenant has three days from receipt to pay the rent owed or vacate the premises.
- This 3-day period excludes weekends and legal holidays.
Content Requirements
This notice must include:
- The amount of rent due.
- The deadline for payment or vacating.
- A statement that failure to pay rent or move out within the specified time frame may result in eviction proceedings.
Delivery
Same as other notices—personal delivery, certified mail, or leaving it at the rental unit with an adult.
Additional Important Considerations
Written Notice Requirement
New Hampshire law requires all eviction notices to be in writing. Oral notices are insufficient to satisfy legal requirements for eviction.
Timing and Calculation of Notice Periods
- It's important to calculate notice periods carefully and to comply with exact timing stipulated by the law.
- Giving less notice than required can result in dismissal of eviction actions by the courts.
Serving Notices During COVID-19 or Other Emergencies
While there are no current emergency eviction moratoriums in effect, landlords should stay updated on public health orders or other emergency rules that may temporarily impact notice and eviction processes.
Proceeding to Court
If the tenant does not comply with the eviction notice by paying rent, curing defaults, or vacating, landlords may file an eviction (summary process) lawsuit in the state’s district court.
Summary Table of Eviction Notices in New Hampshire
| Notice Type | Purpose | Required Notice Period | Key Content Elements |
|---|---|---|---|
| Notice to Quit | Terminate tenancy (lease end or periodic) | At least 30 days prior to rent due date (for month-to-month) | Termination date, tenancy ends, property address |
| Cure or Quit Notice | Correct lease violation | Not statutorily set; typically 7-14 days (reasonable) | Description of violation, cure instructions, deadline |
| Nonpayment of Rent | Demand rent payment or possession | 3 days (excluding weekends and holidays) | Rent amount due, deadline for payment or vacate |
By carefully complying with New Hampshire’s eviction notice requirements, landlords protect their legal rights and help maintain clear, professional communication with tenants. Proper notice is an essential step in managing rental properties and resolving tenancy issues efficiently and lawfully.