New Hampshire Renters’ Rights During Foreclosure

If you’re renting in New Hampshire and learn your building or unit is facing foreclosure, it can feel overwhelming and confusing. Understanding your legal rights as a tenant during foreclosure—such as eviction protections, notice requirements, and where to seek help—empowers you to plan your next steps with confidence. This guide covers current New Hampshire renter protections, official forms, and reliable resources to ensure you stay informed and supported throughout the process.

Your Rights as a Renter During Foreclosure in New Hampshire

While foreclosure can disrupt your housing situation, both state and federal laws set clear rules for how and when a renter can be required to leave. Here’s what you should know:

• Notice Requirements: In most cases, the new owner (bank or buyer) must provide written notice if they want you to move out after foreclosure.
• Federal Protections: The Protecting Tenants at Foreclosure Act (PTFA) generally allows renters to remain in the property for the remainder of their lease, or at least 90 days after receiving notice, unless the new owner will occupy the home as a primary residence.
• State Laws: New Hampshire law requires all rental property buyers in foreclosure to honor valid rental agreements or provide at least 60 days’ written notice before requiring you to vacate, unless you are a member of the defaulting landlord’s immediate family.^[1]

Understanding the Eviction Process After Foreclosure

After a foreclosure sale, you do not have to move immediately. The new owner must follow the official New Hampshire tenant eviction process, which includes:

• Serving a Notice to Quit (eviction notice) in writing
• Allowing the minimum legally required notice period (generally 60 days for foreclosure situations)
• Filing a Landlord and Tenant Writ in court if you do not vacate
• The right to attend your eviction hearing and present your case

The official forms and detailed procedures are managed by New Hampshire Circuit Court – Landlord & Tenant Division.

Key Official Forms for Tenants

• Landlord and Tenant Writ (NHJB-2367-DP): Download official form
  If the new property owner moves to evict you, they must file this document with the court. Example: If you receive only a verbal notice and are unsure about its legality, you can check for a filed writ with your local district court.
• Notice to Quit: There is no standard statewide form, but it must be in writing and include specific details. See sample guidance from the NH Courts Landlord-Tenant Overview.

Your Lease and Rental Agreement

Generally, if you have a fixed-term lease (not month-to-month) that began before the foreclosure, it should be honored until expiration—unless the new owner intends to use the property as their primary residence, in which case you are still entitled to a full 90-day notice under federal law.

Your Steps If Facing Post-Foreclosure Eviction

If you’re told you must leave after a foreclosure, take these steps:

• Request all notices in writing. Verbal requests to vacate are not valid.
• Ask to see the new owner’s official court papers if they say you must leave quickly.
• Attend your eviction hearing if served a Landlord and Tenant Writ, and bring your lease documents.
• Reach out for help from New Hampshire Legal Assistance or the court self-help center if you’re unsure what notice or rights apply to your situation.

FAQ: Common Questions About Foreclosure and Tenancy in NH

1. Do I have to move out immediately after a foreclosure?
   No. The new owner must give you written notice and follow the legal eviction steps. You are usually entitled to at least 60 days’ notice, or until your lease ends, whichever is longer.
2. What documents should I receive if I need to leave?
   You should receive a written Notice to Quit and, if you do not leave, a court notice (Landlord and Tenant Writ) with your hearing date.
3. What if the new owner wants to move in?
   If the new owner or a family member will occupy the home, they may still need to give at least 90 days’ notice per federal rules.
4. Can I stop paying rent during foreclosure?
   No. You are still required to pay rent to the legal property owner, even during or after foreclosure, until your tenancy officially ends.
5. Where can I find legal help if I have an eviction hearing?
   Contact New Hampshire Legal Assistance for free advice and representation, or access court-supported self-help resources.

Key Takeaways

• Renters in New Hampshire are protected by state and federal laws when their rental is foreclosed.
• You usually have the right to receive at least 60 days’ written notice (or up to the end of your lease), and a formal court process must be followed before eviction.
• Always seek help from official state resources or legal aid before making major decisions if facing foreclosure-driven eviction.

Need Help? Resources for Renters Facing Foreclosure

• New Hampshire Legal Assistance: Free legal support for renters facing eviction and foreclosure-related housing issues (call 1-800-639-5290).
• NH Circuit Court – Landlord & Tenant Division: Court procedures, forms, and contact info for all residential tenancy cases.
• NH Attorney General Consumer Protection: Housing and eviction rights information and complaint forms.
• NH Courts Self-Help: Landlord-Tenant: Clear guides for tenants on eviction, notices, and court defenses.

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1. New Hampshire Revised Statutes Annotated Chapter 540:2 – Notice to Quit and Protecting Tenants at Foreclosure Act (PTFA)
2. NH Circuit Court – District Division/Landlord & Tenant Matters
3. RSA Chapter 540 – Actions Against Tenants

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