Legal Eviction Reasons in NH and Tenant Defenses

If you're renting in New Hampshire and facing eviction or worried about a lease violation, it's important to know what the law allows and what protections you have. This guide explains the main legal reasons for eviction in New Hampshire, your possible defenses as a tenant, and where to get reliable help. We use clear language, official resources, and step-by-step guidance to support you through these difficult situations.

Legal Reasons for Eviction in New Hampshire

In New Hampshire, a landlord can only evict you for specific reasons allowed by state law. These include:

• Nonpayment of Rent: Missing or late rent payments can lead to eviction after proper notice.
• Lease Violations: Violating terms of your lease (like keeping unauthorized pets, damaging property, or unlawful behavior).
• End of Lease or No Lease: If you have no lease, or your lease has expired, the landlord can end your tenancy with written notice.
• Owner Move-In, Renovation, or Sale: If the property owner or their family wants to move in, or major repairs require vacancy, or property sale, with appropriate notice.

Eviction is a legal process in New Hampshire and cannot be done by the landlord on their own. Only the courts can order an eviction. For more, see the New Hampshire Revised Statutes Annotated Chapter 540: Landlord and Tenant.^[1]

Notice Requirements and Official Forms

Before starting an eviction, landlords must provide written notice to tenants, and use specific forms in some cases:

• Eviction Notice (Demand for Rent): Used if a tenant is behind on rent. This notice gives you 7 days to pay the overdue rent or leave. Download the Demand for Rent Form (NHJD-EV-101) directly from the New Hampshire Judicial Branch.^[2]
• Eviction Notice (End of Tenancy or Lease Violation): If the reason is something other than unpaid rent, the landlord must give a 30-day notice in writing. The law explains required notice periods for other violations or at-will tenancies.
• Landlord and Tenant Writ: If you don’t leave after notice, the landlord must ask the court for a Landlord and Tenant Writ. This is an official document from the court, starting the legal case. See the Landlord and Tenant Writ Form (NHJD-EV-102).^[3]

All eviction cases in New Hampshire are handled in the local New Hampshire Circuit Court, District Division.^[4]

Common Tenant Defenses Against Eviction

If you've received a Notice to Quit or court paperwork, you might have legal defenses. Here are some potential defenses recognized under New Hampshire law:

• Improper or Incomplete Notice: If the notice was not written, not delivered properly, or didn't have enough details.
• Rent Was Paid: If you can show the rent was paid on time, keep proof like receipts or bank statements.
• Landlord Failed Repairs: If your landlord did not make legally required repairs after you notified them, the court may consider this in your defense.
• Landlord Retaliation: It's illegal for a landlord to evict you for standing up for your rights (like reporting unsafe conditions to officials).
• Discrimination: Evictions based on race, national origin, disability, age, or other protected categories are not allowed under fair housing laws.

Eviction Process and What to Expect

Summary: The process must follow state law, and tenants have the right to appear in court and present their defense.

Key Steps:

• Landlord provides written notice as required by law.
• If tenant doesn’t remedy (like paying rent), landlord files a Landlord and Tenant Writ in court.
• Court hearing is scheduled; tenants receive notice to appear.
• Tenant can present defenses and evidence at hearing.
• If the judge rules for the landlord, the tenant must move out by the date set in the court order.

If you believe the eviction wasn't legal or don't understand the paperwork, contact your local court or legal help resource listed below.

FAQ: New Hampshire Renters' Eviction Questions

1. Can I be evicted without a court order in New Hampshire?
   No. In New Hampshire, only a court can legally evict you. A landlord must follow official notice procedures and win a court case before you have to move.
2. How much notice must my landlord give me for eviction?
   For nonpayment of rent, the notice is 7 days. For most other reasons, you should get at least 30 days. Check your notice and compare with RSA 540:2 Notice to Quit.
3. What legal forms should I expect during eviction?
   You may receive a Demand for Rent notice (NHJD-EV-101) or a court-issued Landlord and Tenant Writ (NHJD-EV-102). If you’re unsure, contact the Circuit Court or a legal service.
4. Can I stop my eviction by paying what I owe?
   Yes, for nonpayment cases, you usually have the right to "cure" by paying full rent before the deadline stated in the notice. Confirm your right with the New Hampshire eviction laws.
5. Where do I go for help if I get an eviction notice?
   You can seek guidance from the New Hampshire Circuit Court, New Hampshire Legal Aid, or local housing authorities (see below).

Key Takeaways for New Hampshire Tenants

• Landlords must follow strict steps and can’t evict without a court order.
• Tenants have rights and defenses—always review notices and seek advice early.
• Official forms and procedures protect both sides; know your documents and deadlines.

Need Help? Resources for Renters

• New Hampshire Circuit Court, District Division – Handles all eviction hearings
• New Hampshire Legal Aid – Eviction Resources for tenants and families
• New Hampshire Landlord and Tenant Statutes (RSA 540) – Read the law yourself
• New Hampshire Housing Finance Authority – Info on housing assistance and tenant rights

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1. RSA 540: Landlord and Tenant Law (New Hampshire Statutes)
2. Demand for Rent Form (NHJD-EV-101) – NH Judicial Branch
3. Landlord and Tenant Writ Form (NHJD-EV-102) – NH Judicial Branch
4. New Hampshire Circuit Court, District Division

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