Illegal Self-Help Eviction Actions in New Hampshire

If you're renting in New Hampshire, it's important to know your rights when it comes to eviction. New Hampshire state law strictly limits what a landlord can do to remove a tenant from a rental property. This article explains what counts as a self-help eviction, what's illegal, your protections under current law, and what steps you can take if you believe your rights have been violated.

What Is a Self-Help Eviction?

A self-help eviction is when a landlord tries to remove a tenant without a legal eviction order from the court. This is illegal in New Hampshire. Landlords cannot change locks, shut off utilities, remove your belongings, or force you out without formally going through the legal process.

What Landlords Cannot Do: Illegal Self-Help Eviction Tactics

Under New Hampshire law, landlords must follow a court process to evict a tenant. The following actions are illegal for landlords to do on their own:

• Change or remove the locks to keep you from entering your home
• Shut off heat, water, electricity, gas, or other essential utilities
• Remove doors, windows, or your personal property
• Enter the apartment to intimidate you or force you out
• Threaten violence or use force to make you leave

Only a sheriff or authorized law enforcement, acting under a court eviction order, can physically remove a tenant from the property (see New Hampshire Revised Statutes § 540:13-d)^[1].

The Legal Eviction Process in New Hampshire

A landlord must follow these steps before a tenant can be legally evicted:

• Serve the tenant with a written eviction notice (officially called a "Notice to Quit")
• File an eviction action at the local district court if the tenant does not move out after the notice period
• Attend a court hearing if the tenant contests the eviction
• Obtain a writ of possession from the court if the landlord wins the case

If a landlord tries to evict you without following this process, it's illegal.

Key Forms for New Hampshire Renters

• Notice to Quit (Eviction Notice): This must be given by the landlord before starting a formal eviction. There are different versions for nonpayment of rent, lease violations, or other reasons. The official forms can be found at the New Hampshire Judicial Branch's Civil Forms Library.
  • Example: If you haven’t paid rent, your landlord must serve you a Notice to Quit for nonpayment. This gives you a set period (usually 7 days for nonpayment) to pay or move before court action can begin.
• Landlord and Tenant Writ (NHJB-2332-DP): If you do not move out by the end of the notice period, the landlord files this form to start an eviction case in court. Learn more and access the form via the NH Judicial Branch website.
  • Example: If your landlord files an eviction suit, you’ll be served a copy of the Landlord and Tenant Writ with your court date.

New Hampshire Tribunal Handling Evictions

All landlord-tenant eviction matters in New Hampshire are handled by the New Hampshire Circuit Court, District Division.

What to Do if Your Landlord Attempts a Self-Help Eviction

If you believe your landlord is trying to illegally evict you:

• Document what’s happening—take photos, keep a log, and gather any communications.
• Politely inform your landlord (in writing, if possible) that self-help eviction is illegal in New Hampshire.
• Contact local law enforcement if you are locked out or utilities are shut off. Ask for help to regain access or restore services.
• File a complaint with the court. You may be entitled to damages if your landlord violates the law (see NH RSA 540:13-d).

Relevant New Hampshire Tenant Protection Laws

The main legislation protecting tenants from illegal eviction tactics is the New Hampshire Revised Statutes Annotated (RSA) Chapter 540 – Actions Against Tenants^[2]. Section 540:13-d specifically prohibits landlord self-help eviction actions.

FAQ: Renters’ Rights and Self-Help Eviction in New Hampshire

1. What counts as a self-help eviction in New Hampshire?
   A self-help eviction happens when a landlord tries to make you leave without going through the court process, such as changing locks or shutting off utilities.
2. Is my landlord allowed to change the locks if I owe rent?
   No. Changing locks to force a tenant out without a court order is illegal—even if you owe rent.
3. What should I do if my landlord removes my belongings or shuts off utilities?
   Document the incident and call the police. You can also file a complaint with the local district court for illegal eviction practices.
4. Can I sue my landlord for trying a self-help eviction?
   Yes. You may have a right to damages if your landlord has violated the self-help eviction law. Consult the court or a legal aid resource for help.
5. Where can I find the official eviction forms for New Hampshire?
   You can access official forms like the Notice to Quit and Landlord and Tenant Writ at the NH Judicial Branch's Landlord-Tenant Forms page.

Key Takeaways for New Hampshire Renters

• Landlords cannot remove tenants without a court order—self-help evictions are illegal.
• You are protected by state law (NH RSA 540:13-d) against illegal lockouts, utility shutoffs, and physical removal.
• Act quickly to document and respond if your landlord tries a self-help eviction—legal remedies are available.

Need Help? Resources for Renters

• New Hampshire Circuit Court, District Division – Handles all landlord-tenant and eviction matters.
• New Hampshire Housing: Renter Resources – Offers general information and tenant assistance.
• New Hampshire Legal Aid: Landlord-Tenant Help – Free legal help for low-income renters.
• NH Department of Justice: File a Consumer Complaint

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1. New Hampshire RSA 540:13-d – Prohibited Practices by Landlords
2. New Hampshire RSA 540 – Actions Against Tenants

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