NH Law About... Evictions

Introduction to... Evictions

Updated December 18, 2017. 

The “Read About …” section refers to resources about the law and will provide context and key terms. “Read the Law …” links to selected law on eviction in New Hampshire and should be used as a jumping off point for further research.

Please remember that this guide is for information purposes only and is not comprehensive. It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use. NH Law About ...  is not a substitute for the services of an attorney.  


Read about... Evictions

WEBSITES

New Hampshire Legal Aid. The Sheriff is Coming to Lock Me Out ... Now What?

Link verified on: December 18, 2017

How quickly will the sheriff come? -- It is winter and I have kids - or I am disabled - does that mean I can not be locked out now? -- What should I take with me? -- What about the things I could not take with me? -- Where can I go? -- I am locked out and have no place to go!   GO>

New Hampshire Legal Aid. A Question/Answer Walk Through the Eviction Process

Link verified on: December 18, 2017

The Written Eviction Notice -- The Landlord & Tenant Writ -- The Appearance Form -- The Notice of Hearing -- Raising Defenses at the Hearing -- The Writ of Possession -- Asking for a Discretionary Stay -- Filing a Notice of Intent to Appeal -- The End of the Line --   GO>

New Hampshire Legal Aid. Evictions from Manufactured Housing

Link verified on: December 18, 2017

The law sets out special eviction rules that park owners must follow to lawfully evict park tenants. The steps include written notice to the tenant and the legal opportunity for a court hearing. For an eviction to be legal, it must be ordered by a court. A court will not allow an eviction unless the park owner can prove the existence of one of the lawful reasons for the eviction.   GO>

Circuit Court. District Division - Landlord and Tenant Procedure

Link verified on: December 18, 2017

Information for Landlords -- Forms -- Checklists -- [Costs] -- Information for Tenants.   GO>

AIMCO Properties v. Dziewisz / Scott D. Kumpf. NHBJ, Summer 2006

Link verified on: December 18, 2017

In New Hampshire, like most states, the termination of any tenancy is expressly regulated by statute. However, this statutory right of termination is not applied in the same way to all types of property in New Hampshire. The principal distinction can be found in RSA 540:1-a, which classifies properties as being either restricted or nonrestricted for purposes of eviction.   GO>


PRINT

Residential landlord and tenant law in New Hampshire / prepared by Fred K. Mayer III , Brian C. Shaughnessy. Eau Claire, WI : Lorman Education Services, c2014.

The eviction process -- The security deposit statute -- Leases -- Ethical considerations -- Collecting rent -- Prohibited practices in residential tenancies -- Residential landlord and tenant law.   GO>

Link verified on: December 18, 2017

Every landlord's legal guide / Marcia Stewart, Ralph Warner, & Janet Portman. [Berkeley, California] : Nolo, 2016.

Screening tenants : your most important decision -- Preparing leases and rental agreements -- Basic rent rules -- Security deposits -- Discrimination -- Property managers -- Getting the tenant moved in -- Cotenants, sublets, and assignments -- Landlord's duty to repair and maintain the premises -- Landlord's liability for tenant injuries from dangerous conditions -- Landlord's liability for environmental health hazards -- Landlord's liability for criminal activity -- Landlord's right of entry and tenants' privacy -- Ending a tenancy -- Returning security deposits and other move-out issues -- Problems with tenants : how to resolve disputes without a lawyer -- Late rent, terminations, and evictions -- Lawyers and legal research -- Appendix A. State landlord-tenant law charts.   GO>

Link verified on: December 18, 2017

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Read the law about... Evictions

NEW HAMPSHIRE STATUTES

RSA 205-A. Regulation of Manufactured Housing Parks  GO>

Link verified on: December 18, 2017

RSA 502-A. District Courts  GO>

Link verified on: December 18, 2017

RSA 540. Actions Against Tenants   GO>

Link verified on: December 18, 2017

RSA 540-B. Rental of Shared Facilities   GO>

Link verified on: December 18, 2017

RSA 540-C. Vacation or Recreational Rental Units   GO>

Link verified on: December 18, 2017

Find it in a Library ... New Hampshire Revised Statutes Annotated

Link verified on: May 18, 2018

Find the New Hampshire statutes in print at libraries throughout the state.   GO>

Learn About New Hampshire Statutes: New Hampshire statutes are the laws of the State of New Hampshire as enacted by the New Hampshire General Court. GO>
 

NEW HAMPSHIRE COURT RULES

Circuit Court. District Division. Landlord and Tenant Actions (Rules 5.1 to 5.12)

Link verified on: December 18, 2017

Rule 5.1. Landlord and Tenant Writ -- Rule 5.2. Return Day -- Rule 5.3. Entry of Actions -- Rule 5.4. Failure to Answer --Rule 5.5. Appearance, Setoff and Counterclaims -- Rule 5.6. Discovery and Continuances -- Rule 5.7. Writ of Possession and Judgment -- Rule 5.8. Damages -- Rule 5.9. Notice Form -- Rule 5.10. Post Trial Motions and Appeals -- Rule 5.11. Dismissal of Appeals -- Rule 5.12. Dismissal of Writs After Sixty Days.   GO>

Learn About New Hampshire Court Rules: Follow this link to learn how to search court rules online as well as what court rules are and how they're published. GO>
 

FORMS

Circuit Court. District Division. Landlord/Tenant Forms  GO>

Link verified on: December 18, 2017


FOR MORE HELP ...

LawLine

Link verified on: May 18, 2018

Volunteer attorneys are available to answer legal questions through LawLine, a free service of the NH Bar Association. LawLine is held on the SECOND Wednesday of each month from 6:00 p.m. ~ 8:00 p.m. To reach LawLine, call (toll free) 800-868-1212.   GO>

Legal Advice & Referral Center (LARC)

Link verified on: December 18, 2017

LARC provides legal information, referrals, and pro se assistance for eligible low-income people in New Hampshire   GO>


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