New Hampshire's possessory action requires specific notice content. Get the language exactly right or risk dismissal.
New Hampshire's eviction process is called Possessory Action and is governed by RSA 540. Cases are filed in district court at the regional level. New Hampshire is moderately balanced with structured procedures and meaningful tenant defenses available. Uncontested cases typically conclude within five to seven weeks of filing.
Possessory Action cases are filed in the district court covering the property's location. New Hampshire's circuit court system organizes district courts into geographic divisions. Most cases follow standardized procedures regardless of location.
For non-payment of rent, New Hampshire requires a 7-day Demand for Rent under RSA 540:3. The notice must state the amount owed and inform the tenant that the tenancy will terminate if payment is not made within seven days. New Hampshire law also requires specific statutory language in the notice.
For material lease violations or other for-cause terminations, New Hampshire requires a 30-day notice to quit. For violations involving substantial damage to property, threats, or illegal activity, shorter notice may be appropriate.
For month-to-month tenancies without cause, New Hampshire requires 30 days written notice. Notice service must be by personal delivery to the tenant or by leaving with a person of suitable age at the property. Document delivery thoroughly.
After the notice period expires, file a Landlord and Tenant Writ in the district court covering the property's location. Filing fees in New Hampshire are typically $130 to $190. Service is performed by the sheriff or a constable.
The hearing is typically scheduled within 14 days of service. The tenant must appear at the hearing — failure to appear can result in default judgment.
New Hampshire district court possessory hearings are formal proceedings. Bring your lease, the demand notice, proof of service, your rent ledger, and any documentation supporting the case. The judge will hear both sides and typically issue a ruling at the hearing or shortly after.
If you prevail, the writ of possession is issued. Tenants can appeal to superior court but appeals require posting bond and continuing rent payments during the appeal.
Hillsborough County, anchored by Manchester and Nashua, is New Hampshire's most populous county. Hillsborough County eviction filings go to the appropriate district court division covering Manchester, Nashua, or other locations within the county. The southern Hillsborough County rental market is the most active in the state.
Rockingham County, in the southeast corner of the state, includes Portsmouth, Salem, and the New Hampshire seacoast. Rockingham County eviction filings go to the appropriate district court division. The seacoast and southern Rockingham areas have active rental markets driven by proximity to Boston. For detailed landlord-tenant law specific to each county — including district court selection, local procedures, and filing details — see Hillsborough County landlord-tenant law and Rockingham County landlord-tenant law.
New Hampshire's possessory action process includes specific notice content requirements that are easy to miss. Notices missing required statutory language can be ruled defective. See the full New Hampshire landlord-tenant law guide for notice templates, security deposit rules, and county-specific information across all 10 New Hampshire counties.
Once the writ of possession is issued, the sheriff executes the writ. Execution typically occurs within 7 to 14 days. Be present with a locksmith. Document the unit's condition with photographs.
New Hampshire law (RSA 540-A) provides procedures for handling tenant property left behind. Specific notice and storage requirements apply. Improper handling can result in liability.