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The New Hampshire eviction notice is a written notice drafted by the landlord or property manager when the tenant fails to comply with the terms of the lease in some way. It gives the tenant a certain amount of time determined by New Hampshire law to fix the lease violation or vacate the rental unit (curable violation).
New Hampshire eviction notices are generally known as a notice to quit. They are subject to the state’s landlord-tenant laws. The tenant must be served before an eviction case may be filed against them. Before serving an eviction notice or starting an eviction proceeding, the landlord should first seek legal advice from a landlord-tenant lawyer. This will help ensure they have good cause to continue with their action.
There is one basic eviction notice in New Hampshire. It has the following basic components:
New Hampshire eviction notices are also known as a notice to quit.
A 7-day notice to quit for a lease violation can be used for past due rent or for other lease violations. When it is created because of unpaid rent, it is called a 7-day notice to pay or quit. It should mention:
A 7-day notice to quit for other lease violations is named as a 7-day notice to comply or quit. It should include:
In New Hampshire, 7 day notices to quit must comply with RSA 540:2 II(a) through (f) and 540:3 I through III.
A 30-day termination of a month-to-month tenancy is a letter that is used to notify either the tenant or the landlord that the month-to-month tenancy is ending. It may be created and provided by either the landlord or the tenant and provided to the other party. It should include the date by which the property should be vacated. This notice must comply with § 540:3 II.
In New Hampshire, 540:5 states that service may be performed by any person and that the tenant may be served personally. It also states that the eviction notice may also be left at the rental unit. Proof of service is also required.
Evictions are a legal process engaged in by the landlord or their agent against the tenant if the tenant does not correct a lease violation within the amount of time set forth by New Hampshire’s landlord-tenant laws. Serving a properly and legally drafted eviction notice is the first step a landlord or their agent takes because they cannot file an eviction lawsuit against the tenant unless or until they do so. This is important to know because unless the landlord or their agent gets an order from the court, they may NOT lock out the tenant by using new locks, turn off utilities to the rental property, or have the tenant’s personal property removed. Self-help evictions, actions taken by the landlord to make the tenant leave the property without first getting a court order, are illegal and can give the tenant the legal right to sue for financial damages.
Landlords may not evict the tenant because of the tenant’s actual or perceived race, skin color, religious beliefs, country of origin, gender, disability, or family status. Family status includes whether someone is married (or not), pregnant, or has a minor child (or children). Evicting for any of these reasons is an act of discrimination at the federal level.
It is also illegal to evict a tenant if the tenant reports the property to the proper housing authorities because it is uninhabitable or for code violations. Tenants have a right to live in a safe and habitable dwelling.
As a tenant, you have legal rights. You even have legal rights during the eviction process. Evictions can be extremely scary. If you’re evicted and the landlord sues you and wins, it can show up on a background check or your credit report. It’s important that you read the eviction carefully to understand why you’re being evicted and the date by which you must fix the violation. If you have questions about the eviction notice or want to talk with the landlord about it, call them and have a calm conversation about it.
In the last section, we discussed the illegal forms of eviction. Make sure that you read that information. If you think that you have been victimized by an illegal eviction, make an appointment with a landlord-tenant lawyer. You could have a legal right to file a lawsuit against the landlord. However, only a lawyer can tell you for sure whether you have a legal claim. If you need low-cost legal help, you may have a couple of options. You can contact Franklin Pierce School of Law and ask if they have a legal clinic. You can also contact New Hampshire legal aid. Please note that legal aid organizations often provide free or low-cost help to people who are considered, under their guidelines, in a low-income situation. This doesn’t necessarily mean low-income housing. It just means that the income of the household must not be above a certain income level. If you don’t qualify for assistance, they have other resources that you may be able to access to help yourself.
Landlords have rights and obligations under New Hampshire’s landlord-tenant laws. An eviction notice must be served before a lawsuit may be filed against the tenant. You may not change the locks, shut off utilities, or remove the tenant’s belongings without first getting a court order. You also may not evict the tenant for any reason that would be considered discrimination under state or federal law. You also may not evict the tenant because they report the property for uninhabitable conditions. If you’re a landlord and you have questions about eviction notices, the eviction process, or your legal rights or obligations, make an appointment with a landlord-tenant attorney.
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