New Hampshire Eviction Process

Eviction Process in New Hampshire

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Effective the district division is required to provide forms for a Demand for Rent and Eviction Notice (formerly known as the Notice to Quit) in court locations and on the New Hampshire judicial branch website.  Although landlords are not required to use these forms, they are still required to use forms with language that complies with both RSA 540:3 and RSA 540:3-1.

The Demand for Rent (if applicable) and Eviction Notice must have been delivered to the tenant and must have expired prior to the landlord’s filing of the writ and starting the eviction process.

Your landlord begins the lawful eviction process by serving you with a written notice that tells you to leave.

You cannot be lawfully evicted unless the landlord brings the matter to court after the eviction notice expires.

 

 

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Evictions in New Hampshire

The Demand for Rent (if applicable) and Eviction Notice must have been delivered to the tenant and must have expired prior to the landlord’s filing of the writ and starting the eviction process.

The court may require an affidavit of ownership/tenancy.

If the writ includes a claim for unpaid rent, a completed statement of the claim and affidavit of damages must accompany the writ to be served upon the tenant. This form will be provided at the time of the purchase of the writ at no extra charge.

It is the responsibility of the landlord to deliver the completed writ and accompanying affidavit of damages and statement of claim (if applicable) to the sheriff for service upon the tenant. With the sheriff’s assistance the return date on the writ will be completed. Once service upon the tenant has been made, the landlord must file the return of service with the court.

Upon completion of the court action, should the court grant a Writ of Possession to the landlord, the writ will only be issued upon the filing of a completed military affidavit. This form may be obtained from the clerk’s office.

 

 

STEP 1 The Written Eviction Notice

Your landlord begins the lawful eviction process by serving you with a written notice that tells you to leave.

Tenant question: What if my landlord just tells me, face-to-face or over the phone, to leave?

LARC Answer: A verbal order to leave from your landlord doesn’t count. The notice must be in writing.

Tenant question: Is a sheriff the only person allowed to serve an eviction notice?

LARC Answer: No. Your landlord can have anyone serve the eviction notice. A sheriff, a property manager, an attorney, the landlord’s spouse, or the landlord can hand it to you or leave it on or near your door.

Tenant question: Is my landlord required to use a certain legal form for the eviction notice?

LARC Answer: No. A written eviction notice may be an official looking notice like the one the court makes available to landlords. Or it may be scribbled on a piece of notebook paper. The point is, it must be in writing.

Tenant question: My eviction notice says I’m being evicted for refusing to pay rent. I want to pay the rent, but I don’t have the money. Is there anything I can do to stop this?

LARC Answer: YES! Call your local welfare office immediately! Local welfare may help you to pay the rent. You may be able to avoid eviction if you pay all the rent…plus $15 in what’s called liquidated damages….on or before the expiration of the eviction notice.

Tenant question: OK, I received a written eviction notice. But the reason for eviction doesn’t make sense! Is this legal?

LARC Answer: The reason on the written eviction notice may be clear. Or the reason may not make much sense to you. It may even be 100% wrong. Don’t panic. Remember, this is just the first step in the process. Ultimately, it will be up to a judge whether you are evicted because of this “reason.”

Tenant question: But my eviction notice has scary legal language on it. It says: “Pursuant to the provisions of RSA 540:2, you are hereby given notice to quit, on or before [date ].” Is this the end?

LARC Answer: No. You are NOT required to leave, or quit, on the expiration date of your eviction notice. Of course, this is what your landlord wants. That’s why the landlord has given you “notice to quit.” But your landlord is not a judge. Your landlord has to get a judge’s permission before you must leave.

Official looking or unofficial looking. Clear reason or unclear reason. Legal language or everyday language. What matters is, you the tenant are being told in writing to leave your home. This is the eviction notice. This is NOT the end of the process. This is just step #1 in the process. The landlord must take more steps before you might have to leave your home.

 

 

STEP 2 The Landlord & Tenant Writ

You cannot be lawfully evicted unless the landlord brings the matter to court after the eviction notice expires.

Tenant question: Why does my landlord have to drag this eviction….and me…into court?

LARC Answer: Because the landlord can’t lawfully evict you unless the landlord gets permission from a judge. And court is where judges listen to these evictions.

Tenant question: Exactly how does my landlord bring this eviction into court?

LARC Answer: Your landlord brings the matter into court by filing a summons. It’s called the landlord & tenant writ. The writ will look official because it IS official.

Tenant question:Can anyone serve me with the landlord & tenant writ?

LARC Answer: No. After your landlord fills out the landlord & tenant writ at court, the writ must then be brought to the county sheriff’s office. A sheriff will then come to your home and hand the landlord & tenant writ to you or leave it on or near your door.

 

STEP 3 The Appearance Form

There is a lot of important information on the landlord & tenant writ. Most important is the return day. The return day is a date. You will see the return day about halfway down on the first page of the landlord & tenant writ.

Tenant question: Is the return day my hearing date?

LARC Answer: No. The return day is NOT your hearing date. It’s your deadline for telling the court you want a hearing scheduled.

Tenant question: Exactly how do I tell the court to schedule a hearing for me?

LARC Answer: You get your hearing scheduled by filing a simple, one page form called an Appearance form. You get the appearance form from the court clerk or complete it electronically. The appearance form will take you 2 or 3 minutes to fill out. When you’re finished, mail it or hand it to the clerk. The clerk will give 2 copies back to you. Keep one copy for your records. Mail the other to your landlord.

Tenant question: What if I don’t file my appearance by the return day?

LARC Answer: You MUST file your appearance before the return day passes. If you don’t, you’ll be in DEFAULT. Being found in default by the court means you could be removed from your home within just a few days! Don’t let this happen to you!!

Tenant question: What if I reach an agreement with my landlord before the return day?

LARC Answer: File your appearance anyway!!!

Tenant question: What if my landlord tells me not to worry about the return day?

LARC Answer: File your appearance anyway!!!

Tenant question: What if…

LARC Answer: File your appearance anyway!!! We at LARC can’t think of one good reason for not filing the appearance by the return day. Filing an appearance keeps you in the case so you will always have a chance to talk to the judge. In fact, we at LARC suggest you file your appearance as close to the return day as possible. This will set the hearing out until the last possible day…about 6 to 10 days from the day you file the appearance.

 

 

 

STEP 4 The Notice of Hearing

You’ve filed your appearance. Smart!

Tenant question: But how will I know exactly when the hearing takes place?

LARC Answer: The court will use the mailing address you wrote on your appearance form to mail you a notice of hearing. The notice of hearing typically arrives 2 to 3 days after the Appearance is filed. It tells you the day and time your hearing is schedule.

Tenant question: But I’m having problems getting my mail. What if I don’t get my notice of hearing in the mail?

LARC Answer: If for some reason you don’t get your notice of hearing in the mail by the 3rd day, call the court. Ask the clerk for the hearing date. Don’t take any chances! Eviction hearings are scheduled quickly….6 to 10 days from the day you file the appearance. You don’t want to default by not showing up for your hearing. To get information on a case in any court in New Hampshire, just call the New Hampshire Judicial Branch’s toll-free phone number: 1-855-212-1234.

 

STEP 5 Raising Defenses at the Hearing

Your landlord will be there at the hearing. The landlord may also have an attorney present.

Tenant question: Do I have the right to speak up at the hearing?

LARC Answer: Yes! You do have the right to speak up for yourself at the hearing. And you should! If you don’t exercise your rights to speak against eviction, no one else at the hearing will do that for you. Remember: Just because your landlord takes you to court for eviction doesn’t mean the landlord will automatically win. Nothing is guaranteed for either a landlord or a tenant. It’s all based on the facts and the law! Need help figuring out your defenses? Contact LARC. Our toll-free phone# is: 1-800-639-5290. You may also apply online to receive a callback by one of our housing advocates.

 

STEP 6 The Writ of Possession

Tenant question: What if I lose the eviction hearing? Will I have to leave my home the day of the hearing?

LARC Answer: No! If you lose the eviction, you will not be required to leave your home the day of the hearing. Losing the eviction means the writ of possession will issue to the landlord sometime in the future.

Tenant question: What is the writ of possession?

LARC Answer: The writ of possession is the brass ring every landlord grabs for when a landlord brings a tenant to eviction court. The writ of possession is the court order that allows a landlord to have a tenant lawfully removed from the home.

Tenant question: If I lose the eviction, how soon can my landlord get the writ of possession?

LARC Answer: The writ of possession is never given to your landlord any sooner than 8 days from the day of the hearing. This is why LARC can tell you clearly that you are never required to leave your home on the day you lose an eviction hearing.

Tenant question: If I lose eviction, are you telling me I will be able to stay on for at least another 8 days?

LARC Answer: Yes. If everything goes against you at the hearing, you will be able to stay in your home for at least 8 more days.

Tenant question: When my landlord finally gets the writ of possession, will my landlord come to my door, hand it to me, and order me to leave?

LARC Answer: No. The eviction process does not allow your landlord to serve the writ of possession on you. Your landlord must bring the writ of possession to a sheriff. A sheriff is an officer of the court. A sheriff carries out court orders. Only a sheriff can serve you with the writ of possession and order you out.

Tenant question: Exactly when am I legally required to leave?

LARC Answer: The nitty gritty end of New Hampshire’s lawful eviction process is when a sheriff comes to your door with the writ of possession and orders you out. You only have to leave when a sheriff orders you to leave.

Tenant question: When can my landlord change the locks?

LARC Answer: The landlord isn’t allowed to change the locks until after a sheriff has served and carried out the writ of possession.

 

A Note About Your Personal Property:

Whether you have been locked out by a sheriff or you decide to voluntarily leave, your landlord must take care of your personal property for 7 days after you’ve left. And your landlord must allow you to get your personal property back during this 7 day period. See our page on your rights to personal property left behind and what to do if you think it was wrongfully seized.

 

STEP 7 Asking for a Discretionary Stay

Tenant question: What if the judge says at the hearing that my landlord won the eviction? I need more than 8 days. Is there any way I can get more than 8 days?

LARC Answer: Yes. If you lose, you can ask the judge for extra time in the home before the writ of possession is carried out. It’s called a DISCRETIONARY STAY.

Tenant question: What if the judge doesn’t say who won right there in the courtroom? Can I play it safe and still ask for a discretionary stay?

LARC Answer: Yes. Maybe the judge will say the decision will come later in the mail, so you won’t know where you stand. If you need extra time, you can play it safe and still ask for a discretionary stay before the hearing ends.

Tenant question: How much extra time can I get with a discretionary stay?

LARC Answer: A judge can grant you up to a maximum of 90 more days in the home, even though you lost the eviction hearing. You’ll be responsible for paying rent to your landlord during any discretionary stay granted by the judge.

Tenant question: Is a discretionary stay a defense?

LARC Answer: No. Your request for a discretionary stay isn’t a defense. Instead, it’s you giving the judge important reasons why you should have extra time in the home.

Tenant question: What’s a good example of a reason for needing more time?

LARC Answer: One good reason would be if you or someone else in your home has disabilities that make it tough to quickly find a new, suitable home. Another might be that you already have a new place, but it won’t be ready for a month or so.

Tenant question: What are the chances that a judge will grant me a discretionary stay?

LARC Answer: There’s no way to predict your chances. It’s called a discretionary stay because the judge is allowed to use his or her discretion….or judgment….after listening to your reasons.

 

 

STEP 8 Filing a Notice of Intent to Appeal

You’ve raised a defense at the eviction hearing. But you lost. If you feel the judge didn’t apply the law correctly in your case, you do have the right to appeal the judge’s decision.

Tenant question: How do I start an appeal?

LARC Answer: The appeal process in eviction cases is a 2-step process. The first step requires you to file a form at the court where you lost the eviction. This form is called the NOTICE OF INTENT TO APPEAL .

Tenant question: When do I file the notice of intent to appeal?

LARC Answer: It must be filed no later than 7 days from the day you lost the eviction.

Tenant question: Will I need money when filing the notice of intent to appeal?

LARC Answer: If the eviction was for non-payment, yes. You must give the court one week’s worth of rent when you file the notice of intent to appeal. You must continue to pay rent to the court each week for 30 days from the day of the eviction hearing. The court holds this money for the landlord. If the eviction was for some other reason, the court will tell you on your notice of decision how to pay the current rent going forward during an appeal period.

Tenant question: Can I remain in the home if I file the notice of intent to appeal?

LARC Answer: Yes. The notice of intent to appeal will keep the writ of possession at the court, and you in your home, for 30 days from the day of the hearing….as long as you continue to pay the current rent as directed by the court – whether to the landlord or to the court itself.

Tenant question: What happens on the 30th day?

LARC Answer: The 30th day is your deadline for presenting your appeal to New Hampshire’s State Supreme Court. This is the 2nd step in the 2-step appeal process. You must satisfy all of the Supreme Court’s requirements before they will consider taking your appeal. Not all appeals are accepted. If the Supreme Court doesn’t accept your appeal, the writ of possession becomes available right away to your landlord. For more information on appeals, check out the New Hampshire Supreme Court’s website.

 

What if the Landlord Doesn’t Follow the Required Steps?

Tenant question: I’m pretty sure my landlord is the kind of landlord who must get permission from a judge before I can be lawfully evicted. But my landlord is not following the eviction steps you’ve described. What can I do to make my landlord follow the law?

LARC Answer: Your landlord may be in violation of a law known as 540-A. Your legal remedy may be a 540-A PETITION.

 

 

Information for Tenants / Tenants can view helpful pages when they are being evicted> Tenants Help Pages

Tenants who wish to answer to the writ and to be heard at a court hearing should complete an Appearance Form (available at the court) and file it with the court prior to the return date indicated on the writ.

The return date is not the date on which the case will be heard. If the tenant files an appearance with the court, the matter will be set for trial within ten (10) days following the date of the filing of the Appearance Form with the court.

The landlord and tenant are notified by mail of the trial date.

If the tenant fails to respond to the writ by not filing the Appearance Form, a Notice of Default will be issued against the tenant. If the writ contains a claim for unpaid rent, a judgment for that amount may be entered against the tenant.

If the tenant fails to appear at the scheduled trial, judgment may be rendered for the landlord. If the writ contains a claim for unpaid rent, a judgment for that amount may be entered against the tenant.

For further information regarding tenant rights see the New Hampshire Legal Aid website: http://www.nhlegalaid.org/self-help-guides/housing/evictions