New Hampshire eviction notice and late fee rules

Notice for unpaid rent

7 days — For all residential tenancies, 30 days' notice is sufficient, but 7 days' notice is sufficient when the reason for termination is one listed in RSA 540:2, II(a), (b), (d), or (h).

Ending a month-to-month tenancy

An owner of nonrestricted property may terminate any tenancy by a written notice to quit given in accordance with RSA 540:3 and 540:5.

Late-fee limit

No statutory cap found

Grace period before a late fee

None found in the statutes we read

Notice for unpaid rent

For all residential tenancies, 30 days' notice is sufficient, but 7 days' notice is sufficient when the reason for termination is one listed in RSA 540:2, II(a), (b), (d), or (h).

“II. For all residential tenancies, 30 days' notice shall be sufficient in all cases; provided, however, that 7 days' notice shall be sufficient if the reason for the termination is as set forth in RSA 540:2, II(a), (b), (d), or (h).”
RSA 540:3, II

An eviction notice for nonpayment must inform the tenant of any right to avoid eviction by paying the arrearage and liquidated damages under RSA 540:9; every eviction notice must state the reason with specificity.

“III. The eviction notice shall state with specificity the reason for the eviction. IV. If the eviction notice is based on nonpayment of rent, the notice shall inform the tenant of his or her right, if any, to avoid the eviction by payment of the arrearages and liquidated damages in accordance with RSA 540:9.”
RSA 540:3, III-IV

A demand for rent is sufficient if made any time after the rent becomes due and before or at the same time as the eviction notice is served.

“Such demand shall be sufficient if made upon the tenant or occupant at any time after the rent becomes due and prior to or simultaneously with the service of such eviction notice.”
RSA 540:4

Neglect or refusal to pay rent due and in arrears, upon demand, is a listed ground for terminating a tenancy of restricted property.

“(a) Neglect or refusal to pay rent due and in arrears, upon demand.”
RSA 540:2, II(a)

Paying to stop an eviction

A possessory action based solely on nonpayment is dismissed if, before the hearing on the merits, the tenant pays all rent due through the time of payment plus other lawful lease charges, $15 liquidated damages, and the landlord's filing fee and service charges, in guaranteed funds (subject to the receipt procedure in the statute).

“(a) The tenant, at any time prior to the hearing on the merits, pays to the landlord, in cash, certified check, prepaid money order, electronic transfer, or other guaranteed or immediately drawable funds, including any form of payment specified in 540:9-a, I, all rent due and owing through the time of such payment plus other lawful charges contained in the lease, $15 liquidated damages, and any filing fee and service charges incurred by the landlord in connection with the possessory action; and”
RSA 540:9, I(a)

A tenant may not use this payment right to defeat a nonpayment eviction more than 3 times within a 12-month period.

“II. Notwithstanding the provisions of paragraph I, a tenant may not defeat an eviction for nonpayment of rent by use of this section more than 3 times within a 12-month period.”
RSA 540:9, II

Notice for other lease violations

Failure of the tenant to comply with a material term of the lease is one of the listed grounds for terminating a tenancy of restricted property.

“(c) Failure of the tenant to comply with a material term of the lease.”
RSA 540:2, II(c); RSA 540:3, II

Ending a month-to-month or other periodic tenancy

For a lease of 12 months or longer (or renewed to a total of 12 months or longer), expiration of the term is a ground for termination if the landlord gave written notice of non-renewal at least 60 days before the term ends and files the possessory action within 6 months of expiration.

“(A) The landlord has provided the tenant with written notice at least 60 days in advance of the termination date of the lease term that the lease will not be renewed and that the tenant must vacate the rental property at the end of the lease term; and (B) The landlord has filed a possessory action within 6 months of the lease expiring.”
RSA 540:2, II(i) (as amended 2024, 2025)

An owner of nonrestricted property may terminate any tenancy by a written notice to quit given in accordance with RSA 540:3 and 540:5.

“I. The lessor or owner of nonrestricted property may terminate any tenancy by giving to the tenant or occupant a notice in writing to quit the premises in accordance with RSA 540:3 and 5.”
RSA 540:2, I

Just cause and good cause

An owner of restricted property (residential property other than listed exempt categories) may terminate a tenancy only for one of the reasons listed in RSA 540:2, II.

“II. The lessor or owner of restricted property may terminate any tenancy by giving to the tenant or occupant a notice in writing to quit the premises in accordance with RSA 540:3 and 5, but only for one of the following reasons:”
RSA 540:2, II

Nonrestricted (exempt) residential property includes single-family houses where the owner owns no more than 3 single-family houses, and units in owner-occupied buildings of 4 or fewer units.

“(a) Single-family houses, if the owner of such a house does not own more than 3 single-family houses at any one time. (b) Rental units in an owner-occupied building containing a total of 4 dwelling units or fewer.”
RSA 540:1-a, I

'Other good cause' includes any legitimate business or economic reason and need not be based on the tenant's conduct.

“V. "Other good cause" as set forth in paragraph II(e) of this section includes, but is not limited to, any legitimate business or economic reason and need not be based on the action or inaction of the tenant, members of his family, or guests.”
RSA 540:2, V

Lockouts and utility shutoffs

A landlord may not willfully seize, hold, or otherwise deny a tenant access to and possession of the rented premises other than through proper judicial process.

“II. No landlord shall willfully seize, hold, or otherwise directly or indirectly deny a tenant access to and possession of such tenant's rented or leased premises, other than through proper judicial process.”
RSA 540-A:3, I-II

No landlord may willfully cause the interruption or termination of a utility service supplied to the tenant, except temporary interruptions needed during actual repairs or temporary emergencies.

“I. No landlord shall willfully cause, directly or indirectly, the interruption or termination of any utility service being supplied to the tenant including, but not limited to water, heat, light, electricity, gas, telephone, sewerage, elevator or refrigeration, whether or not the utility service is under the control of the landlord, except for such temporary interruption as may be necessary while actual repairs are in process or during temporary emergencies.”
RSA 540-A:3, I

A landlord who violates RSA 540-A:3 is subject to the civil remedies in RSA 358-A:10, including costs and reasonable attorney's fees; each day a violation continues after a temporary order is a separate violation.

“IX. (a) Any landlord or tenant who violates RSA 540-A:2 or any provision of RSA 540-A:3 shall be subject to the civil remedies set forth in RSA 358-A:10 for the initial violation, including costs and reasonable attorney's fees incurred in the proceedings. Each day that a violation continues after issuance of a temporary order shall constitute a separate violation.”
RSA 540-A:4, IX(a)

Retaliation

Unless the tenant owes the equivalent of one week's rent or more, it is a defense to a residential possessory action that the action was in retaliation for the tenant activities listed in the statute.

“Except in cases in which the tenant owes the landlord the equivalent of one week's rent or more, it shall be a defense to any possessory action, as to residential property, that such possessory action was in retaliation for the tenant:”
RSA 540:13-a

A rebuttable presumption of retaliation arises when a possessory action, rent increase, or substantial change in tenancy terms is begun within 6 months after the protected tenant activity, unless the court finds the tenant's act was primarily intended to prevent eviction.

“a rebuttable presumption that such possessory action was in retaliation of the tenant's action shall be created when any possessory action, increase in rent or any substantial alteration in the terms of the tenancy is instituted by a landlord within 6 months after:”
RSA 540:13-b

What the notice must say and how it is delivered

A rent demand or eviction notice may be served by any person, either on the tenant personally or left at the tenant's last and usual place of abode.

“I. Any notice of a demand for rent or an eviction notice may be served by any person and may be served upon the tenant personally or left at his or her last and usual place of abode.”
RSA 540:5, I

Court deadlines and the eviction case

Under the version effective October 8, 2026, a tenant who wishes to contest the eviction must file an appearance no later than the return day on the writ and file an answer stating affirmative defenses and/or counterclaims not more than 5 days after the return date.

“(a) If the tenant wishes to contest the eviction, he or she shall file an appearance in the district court no later than the return day appearing on the writ and file an answer not more than 5 days after the return date stating the defendant's affirmative defenses and/or counterclaims.”
RSA 540:13, II-III (2026, 308:1, eff. Oct. 8, 2026)

Through October 7, 2026, the court notice tells the tenant that to contest the eviction, he must file an appearance no later than the return day on the writ.

“(a) If the tenant wishes to contest the eviction, he must file an appearance in the district court no later than the return day appearing on the writ.”
RSA 540:13, II (effective until Oct. 8, 2026)

The writ of summons and notice are returnable 7 days from the date of service by the sheriff.

“III. The writ of summons and the notice provided in paragraph II shall be returnable 7 days from the date of service of the writ by the sheriff.”
RSA 540:13, III

If the tenant files an appearance, a hearing is scheduled within 10 days after the filing (with allowance for discovery time), with notice mailed at least 6 days before the hearing.

“V. If the tenant files an appearance, a hearing shall be scheduled to occur within 10 days after such filing, with allowance for additional time pursuant to paragraph IV, with notice of the hearing mailed to the parties no fewer than 6 days prior to the hearing.”
RSA 540:13, V

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the New Hampshire rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in New Hampshire have to give for unpaid rent?

For all residential tenancies, 30 days' notice is sufficient, but 7 days' notice is sufficient when the reason for termination is one listed in RSA 540:2, II(a), (b), (d), or (h). (RSA 540:3, II).

How much notice is needed to end a month-to-month tenancy in New Hampshire?

An owner of nonrestricted property may terminate any tenancy by a written notice to quit given in accordance with RSA 540:3 and 540:5. (RSA 540:2, I).