New Hampshire Termination of Lease Notice to Quit Law


Landlord Tenant – Lease Termination – New Hampshire

Notice to Quit:

I. If a nonresidential tenant neglects or refuses to pay rent due and in arrears, upon demand, 7 days’ notice shall be sufficient; if the rent is payable more frequently than once in 3 months, whether such rent is due or not, a notice equal to the rent period shall be sufficient, and 3 months’ notice shall be sufficient in all cases.
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), or (d).
III. The notice to quit shall state with specificity the reason for the eviction.
IV. If the notice to quit is based on nonpayment of rent, the notice shall inform the tenant of his right, if any, to avoid the eviction by payment of the arrearages and liquidated damages in accordance with RSA 540:9.  § 540:3

Demand:

Such demand shall be sufficient if made upon the tenant or occupant at any time after the rent becomes due and prior to the service of such notice to quit.  § 540:4

Service of Demand and Notice to Quit:

Any notice of a demand for rent or a notice to quit may be served by any person and may be served upon the tenant personally or left at his last and usual place of abode. Proof of service must be shown by a true and attested copy of the notice accompanied by an affidavit of service, but the affidavit need not be sworn under oath.  A notice of a demand for rent shall be sufficient if served upon the tenant at any time after the rent becomes due and prior to the service of a notice to quit.  § 540:5

Demand of Rent:

Where, to constitute a forfeiture for a violation of the condition of a written lease, a demand of rent is required such demand may be made as provided RSA 540:5.  § 540:7

Termination of Tenancy:

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.
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:

(a) Neglect or refusal to pay rent due and in arrears, upon demand.
(b) Substantial damage to the premises by the tenant, members of his household, or guests.
(c) Failure of the tenant to comply with a material term of the lease.
(d) Behavior of the tenant or members of his family which adversely affects the health or safety of the other tenants or the landlord or his representatives, or failure of the tenant to accept suitable temporary relocation due to lead-based paint hazard abatement, as set forth in RSA 130-A:8-a, I.
(e) Other good cause.
(f) The dwelling unit contains a lead exposure-hazard which the owner will abate by:

(1) Methods other than interim controls or encapsulation;
(2) Any other method which can reasonably be expected to take more than 30 days to perform; or
(3) Removing the dwelling unit from the residential rental market.

III. If the grounds for eviction is other good cause as set forth in paragraph II(e) of this section, and such cause is based on the actions or inactions of the tenant, members of his family, or guests, the landlord shall, prior to the issuance of the notice to quit, provide the tenant with written notice stating that in the future such actions or inactions would constitute grounds for eviction. Such notice shall be served in accordance with RSA 540:5 or by certified mail.
IV. A tenant’s refusal to agree to a change in the existing rental agreement calling for an increase in the amount of rent shall constitute good cause for eviction under paragraph II(e) of this section, provided that the landlord provided the tenant with written notice of the amount and effective date of the rent increase at least 30 days prior to the effective date of the increase.
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.
VI. No tenancy shall be terminated for nonpayment of rent if:

(a) The tenant was forced to take over the landlord’s utility payments in order to prevent utility services, which the landlord agreed to provide, from being terminated;
(b) The amount of rent which the tenant is in arrears does not exceed the amount paid by the tenant to maintain utility service to the tenant’s premises; and
(c) The tenant has receipts from the utility company or other proof of payment of the amount paid to maintain utility service.  § 540:2