Fight an Illegal Eviction in New Hampshire: A Renter’s Guide

If you’re a renter facing possible illegal eviction in New Hampshire, it’s vital to know your rights and how to protect yourself. The state’s landlord-tenant laws set very specific rules about when and how landlords can ask you to leave. Understanding these rules will help you take action if an eviction seems unfair, rushed, or outside the law.

When Is an Eviction in New Hampshire Illegal?

Not every eviction is legal. In New Hampshire, an eviction is considered illegal if:

• The landlord fails to give the required written notice or does not use the proper form.
• You are being evicted for discriminatory, retaliatory, or non-legal reasons (for example, reporting code violations).
• The landlord changes the locks, removes your belongings, or otherwise forces you out without a court order—this is called a "self-help" eviction and it’s prohibited.
• The landlord tries to evict you without a valid cause, such as nonpayment of rent, violation of the lease, or refusal to vacate after proper notice.

New Hampshire’s landlord-tenant eviction process is governed primarily by NH RSA Chapter 540: Actions Against Tenants, which sets the required procedures and renter protections.¹

What Is the Legal Eviction Process?

Landlords in New Hampshire must follow a specific legal process to remove a tenant:

• Serve a proper eviction notice ("Notice to Quit").
• Wait for the notice period to expire. Typically, this is 7 days for nonpayment or 30 days for most other causes.
• File an eviction action at the correct New Hampshire Circuit Court – District Division.
• Obtain a court order for eviction ("Writ of Possession").
• Only a sheriff or constable can enforce a Writ of Possession and physically remove a tenant.

How to Respond to an Illegal Eviction Attempt

If your landlord tries to evict you outside the legal process, take these steps:

• Do not move out immediately. Unless there is a court order, you have the right to stay in your home.
• Document everything. Keep copies of all notices, texts, and emails. Take photos if belongings are moved or locks are changed.
• File a complaint or emergency motion. If you are locked out or threatened, contact your local police and the circuit court for an emergency hearing.

Relevant Forms for Tenants

• Notice to Quit (Eviction Notice): This is the form your landlord must serve before starting a court eviction case. If you receive one, check if it’s completed properly. Example: A 7-Day Notice for nonpayment of rent. See official New Hampshire eviction forms.
• Appearance Form (NHJB-2110-DP): After receiving a court notice or Landlord and Tenant Writ, file this with the court to formally respond and appear for your hearing. Completing this form lets the court know you wish to contest the eviction.
• Motion for Emergency Relief: If you are locked out or facing an urgent loss of your home, you may file a "Motion for Emergency Relief" at the Circuit Court. Example: Your landlord removed your door or took your property. Find the motion forms at the NH Courts site.

Who Handles Evictions in New Hampshire?

Eviction cases are handled by the New Hampshire Circuit Court – District Division. You’ll attend a hearing here if an eviction action goes to court. You can find your local court and contact details on this page.²

What Should You Do If Facing Illegal Eviction?

To fight back and protect your rights, take the following steps:

• Respond to all court papers and attend every hearing.
• File an Appearance Form with the Circuit Court to state you want a hearing.
• Gather evidence: rent receipts, your lease, correspondence, and documentation of your landlord’s actions.
• Contact a legal aid organization or the New Hampshire Consumer Protection & Antitrust Bureau for support.
• If you are physically locked out or at risk, file a Motion for Emergency Relief or call local police for help.

Acting quickly is crucial—deadlines in the eviction process are strict.

FAQ: Fighting Illegal Eviction in New Hampshire

1. Can my landlord evict me without going to court in New Hampshire?
   No. Only a Circuit Court judge can issue a lawful eviction order. Landlords cannot evict you by changing locks, shutting off utilities, or removing property without a court order.
2. What if I never received a proper written notice?
   The process requires the landlord to give you written notice with the correct information and waiting period. If this step is skipped or the notice is incomplete, the eviction is likely unlawful and you should let the court know.
3. How long do I have to respond to an eviction notice?
   You should file your Appearance Form promptly—usually within 7 days of receiving court papers. Missing the deadline could result in losing your case by default.
4. Is it legal for a landlord to turn off heat or utilities to force me to leave?
   No. It is illegal in New Hampshire for landlords to deny essential services to force an eviction. Report any such situation to your local authorities immediately.
5. Where can I find tenant forms for New Hampshire eviction cases?
   Forms are at the New Hampshire Judicial Branch Forms page, including Appearance and Motion forms.

Key Takeaways for Renters

• Evictions in New Hampshire must follow strict court procedures—self-help evictions are illegal.
• Respond to court documents quickly and file an Appearance Form if you want to contest the eviction.
• If you experience a lockout or other illegal action, document it and contact authorities or seek legal help immediately.

Need Help? Resources for Renters

• New Hampshire Legal Aid – Illegal Eviction Guide
• New Hampshire Circuit Court – District Division (handles all eviction cases and urgent tenant motions)
• NH Consumer Protection & Antitrust Bureau (file a complaint against landlord violations)
• NH Judicial Branch – Eviction Forms

---

1. NH RSA Chapter 540: Actions Against Tenants
2. New Hampshire Circuit Court – District Division

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations