Partial Rent Payments & Eviction in New Hampshire

Facing difficulty paying the full amount of your rent can be stressful. In New Hampshire, laws around partial rent payments and eviction risks are specific, and renters should know their options and obligations. Understanding how the rules work can help prevent surprises and support your communication with your landlord.

Understanding Partial Rent Payments in New Hampshire

New Hampshire law does not require landlords to accept partial rent payments. That means if you pay less than the full amount owed, your landlord can choose whether or not to accept the partial payment. Even if accepted, this does not automatically protect you from eviction for nonpayment of rent. The unpaid balance can still result in eviction proceedings.^[1]

What Happens If You Pay Part of the Rent?

If you’re unable to pay your full rent on time, talk with your landlord as soon as possible. If they agree to accept a partial payment, make sure any agreement is in writing. Landlords who accept a partial payment must give you a written receipt stating the amount accepted, what it’s for, and the date received.

• Landlords can still pursue eviction for the remaining unpaid rent, unless they explicitly agree in writing not to do so.
• If you receive an eviction notice after making a partial payment, you may still owe the rest of the rent.
• Keep all communication and receipts, as they may be important if you go to court.

Eviction Process for Nonpayment of Rent

Eviction in New Hampshire for nonpayment is governed by state law. If you miss rent or only pay part of it, the landlord can start the eviction process. Here’s what to expect:

• The landlord must serve you with an official Eviction Notice (Demand for Rent/Summons and Landlord and Tenant Writ – Form NHJB-2333-DP). This outlines how much is owed and gives you a deadline to pay or move out (typically 7 days).
• If the rent (the full amount owed) is not paid within the notice period, your landlord may file for an eviction (called a "writ of possession") in the local New Hampshire Circuit Court – District Division.

Relevant Official Forms

• Eviction Notice / Demand for Rent (Form NHJB-2333-DP): Used by landlords to officially demand overdue rent and start the eviction process.
  • Download the Eviction Notice form.
  • Example: If you missed a rent payment on the 1st, and on the 5th you pay half your rent, the landlord may still issue this form for the unpaid amount.
• Answer to Landlord and Tenant Writ (Form NHJB-2238-DP): Used when you want to respond to an eviction lawsuit.
  • Download the Answer form.
  • Example: If you receive court papers after a partial payment, file this form to respond and explain your situation to the judge.

Being proactive and providing documentation can help if your case goes to the local court. For step-by-step guidance, review the court's process at the New Hampshire Circuit Court – District Division website.

Key Tenant Protections

While the law allows for eviction after partial payment, landlords cannot lock you out, remove your belongings, or shut off your utilities to force you out ("self-help" eviction is illegal). Only a court can order you to leave.

• Your landlord must use the proper legal forms and procedures, as outlined in the New Hampshire Residential Landlord and Tenant Act (RSA 540).
• If you pay the full rent plus costs before the court hearing or before entry of judgment, you may be able to prevent the eviction.^[2]

What to Do If You Receive an Eviction Notice

If you receive an eviction notice or court papers:

• Review the official forms to confirm details.
• Seek advice from a legal aid organization or housing counselor.
• Respond on time using the official Answer form (NHJB-2238-DP).
• Gather proof of payment or any written agreements about partial payments.

Responding quickly increases your chances of staying in your home.

Frequently Asked Questions: Partial Rent and Eviction

1. Can my landlord refuse my partial rent payment in New Hampshire?
   Yes. Landlords are not required to accept less than the full rent amount.
2. If my landlord accepts a partial payment, can I still be evicted?
   Yes. Unless your landlord specifically agrees in writing not to evict, a landlord can still move forward with the eviction process for the unpaid balance.
3. How do I respond to an eviction notice?
   Fill out the Answer to Landlord and Tenant Writ (Form NHJB-2238-DP) and file it with the District Division court listed on your paperwork before your court date. Access the Answer form online.
4. Where can I find official eviction and landlord-tenant forms for New Hampshire?
   Download all official forms directly from the New Hampshire Judicial Branch website.
5. Can I stop an eviction by paying the rent after getting an official notice?
   In some cases, paying all overdue rent and any court costs before the hearing might halt the eviction, but you should contact the court or legal aid to confirm your options.

Key Takeaways

• Landlords in New Hampshire are not required to accept partial rent, and partial payments do not prevent eviction risk.
• Respond quickly to any eviction notice using official forms and seek help if needed.
• Understand your rights and responsibilities under the New Hampshire Residential Landlord and Tenant Act.

Need Help? Resources for Renters

• New Hampshire Circuit Court – District Division: Handles eviction cases and provides official forms.
• New Hampshire Residential Landlord and Tenant Act (RSA 540): Complete tenancy law.
• New Hampshire Legal Assistance: Free legal help to eligible low-income renters.
• New Hampshire Housing Finance Authority: Rental assistance programs and housing counseling.

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1. See RSA 540:2 – Notice to Quit for the legal process and tenant rights regarding nonpayment.
2. See RSA 540:9 – Stay of Proceedings for procedures on stopping eviction by paying overdue rent.

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