How to Evict a Roommate Not on the Lease in New Hampshire

If you live in New Hampshire and are facing trouble with a roommate who is not listed on your rental lease, it's important to understand the steps you must follow to remove them legally. New Hampshire rental laws require all renters, even those not named on the lease, to follow certain legal procedures during evictions. This guide explains those steps, your responsibilities, and where to find assistance.

Understanding the Situation: Roommates Not on the Lease

A roommate who is not named on the lease is generally considered a "subtenant" or "occupant." As the primary tenant (the person who signed the lease), you may be responsible for officially removing the roommate if they refuse to leave when asked. New Hampshire law treats these scenarios differently from landlord-tenant evictions, but court involvement may still be necessary.

When Is Court Action Required?

If your roommate refuses to move out voluntarily, you cannot simply change the locks or remove them or their belongings. Doing so is considered an "illegal eviction" and is not allowed under New Hampshire RSA Chapter 540 – Residential Tenancies.^[1]

• First, try to reach a written agreement for your roommate to leave by a set date.
• If they refuse, you must provide proper written notice before starting a formal eviction.

Providing Proper Written Notice

New Hampshire requires specific eviction notices depending on the situation:

• Seven-Day Notice to Quit (for certain behaviors or nonpayment of shared utility costs)
• Thirty-Day Notice to Quit (for non-lease tenancies, or "at-will" situations)

These notices must be delivered in writing. Verbal requests are not legally sufficient.

Forms: Notice to Quit

• Notice to Quit (No Official Number): Use when asking a roommate to leave for any legal reason. Download the official template and instructions at New Hampshire Judicial Branch – Landlord & Tenant Forms.^[2]
  Example: If you want your non-lease roommate to leave by the end of the month, serve a 30-day Notice to Quit and keep a copy for your records.

Filing for Eviction in New Hampshire

If your roommate stays after the notice period ends, you must file with your local District Division of the New Hampshire Circuit Court: District Division.^[3]

Required Form: Landlord and Tenant Writ

• Landlord and Tenant Writ (NHJB-2333-DP): This is the official form to start an eviction proceeding against an unauthorized occupant.
  - Available here: NH Landlord and Tenant Writ Form.
  - Example: Use this form if your roommate refuses to move after the deadline in your Notice to Quit. File it at your local court office and pay the required filing fee.

Attending Court and Enforcing the Eviction

After you file your paperwork, a hearing will be scheduled. Both you and your roommate may present your sides. If the judge rules in your favor, a Writ of Possession is issued by the court, authorizing a sheriff or constable to remove the roommate if necessary.

• Bring all records of communication and copies of notices to your court hearing.
• Do not attempt to remove the roommate or their belongings yourself, even after a court order.

Summary of Steps to Remove a Roommate Not on the Lease

Here's a summary to help you navigate the process:

• Ask your roommate to leave and try to reach an agreement.
• If not successful, serve the correct Notice to Quit.
• File a Landlord and Tenant Writ if the roommate stays past the notice period.
• Attend your court hearing and follow the judge's instructions.

FAQ: Removing a Roommate Not on Your Lease in NH

1. Can I change the locks on a roommate who's not on my lease?
   No. Changing locks without a court order is considered an illegal eviction under New Hampshire law.
2. Do I need my landlord's permission to evict a non-lease roommate?
   If your rental agreement prohibits subletting or adding occupants, you may need to notify your landlord. Otherwise, as the named tenant, you hold responsibility for occupying the property.
3. How long does the eviction process take?
   The timeline varies but often takes several weeks, depending on court schedules and whether your roommate contests the eviction.
4. Can a roommate sue me for asking them to leave?
   Your roommate can only challenge the eviction in court. They cannot sue you just for following the legal process.
5. Where do I file eviction paperwork in New Hampshire?
   Eviction filings for roommate issues are made in the District Division of the New Hampshire Circuit Court, in the district where the property is located.

Key Takeaways for Renters

• Always use written notices and keep documentation when asking a roommate to leave.
• Never attempt "self-help" evictions—use the official court process for everyone's protection.
• Consult the New Hampshire Circuit Court for forms and support if you need to start a roommate eviction case.

Need Help? Resources for Renters

• New Hampshire Circuit Court: District Division – Handles roommate/eviction cases.
• Landlord & Tenant Forms – Official eviction notices and court paperwork.
• New Hampshire Housing Finance Authority – Legal Information for Renters
• New Hampshire Legal Aid – Free legal help for eligible renters.

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1. New Hampshire RSA Chapter 540 – Residential Tenancies
2. Landlord & Tenant Forms – NH Judicial Branch
3. New Hampshire Circuit Court: District Division

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