The Eviction Process

• In order to evict, a landlord must always follow the correct procedure.
• In most situations, he must prove that he has good cause to evict.
• You must be given written notice at the beginning.
• You have a right to a court hearing.

Click on any of the topics listed below to go directly to the information you need about the eviction process. Remember, more housing information is available in LARC´s other pamphlets and information sheets — if your question is not answered here close this window, or click here, to go back to the self-help information list in the Housing section of this website.
• Written notice
• Notice to quit
• The Court Process
• Landlord/Tenant Writ
• Appearance Form
• Discovery
• Going to Court
• What the landlord must do to evict
• Tenants defenses
• Non-Payment Evictions
• Demand for rent
• Notice to quit in non-payment cases
• Retaliation
• Discrimination
• Discretionary Stay
• Writ of Possession
• Personal Property
• Appeal

WRITTEN NOTICE

Notice to quit

In all evictions your landlord must serve you with a notice to quit. This is the actual eviction notice. If the eviction is for non-payment, you will first receive a demand for rent – see Non-payment Evictions below. Both notices must be in writing.

• The notice must be handed to you or to someone in your family, or left at your home (a sheriff does not have to serve it).
• The notice must tell you the specific reason for the eviction.
• The notice must tell you the day you have to leave.
• The notice must give you at least 7 days to leave if the reason for the eviction is because:
• your rent is unpaid;
• you or your guests have done something that threatens the health or safety of other tenants or the landlord; or
• you or your guests have caused substantial damage to the premises.
• If the reason is anything else, the notice must give you at least 30 days to leave.
• If the reason is nonpayment of rent, the notice to quit must tell you of your right to avoid eviction by paying the rent that is owed, plus $15.

If a landlord fails to take any of the steps described above, a tenant can ask the court to dismiss (drop) the eviction.

THE COURT PROCESS

You do not have to move out by the date the notice to quit expires. Only a judge can issue an order requiring you to move out, and a landlord cannot force you to leave against your will without a court order.

Landlord/Tenant Writ

If you have not left by the time the notice to quit expires, the landlord can begin the legal process at the District Court.

• The sheriff will serve a writ, either by handing it to you or to someone in your family, or by leaving it at your home.
• Read the entire writ carefully. The first paragraph will tell you the deadline for requesting a hearing – you do NOT have to leave by this date, and this is NOT the date of your hearing.

Appearance form

You request a hearing by filing an appearance form on or before the date stated on the writ. This is a simple form that you get from the court. You need to fill out the appearance form, leave it with the clerk, and send a copy to the landlord or the landlord's attorney.

After you file your appearance, the court will notify you by mail telling you the date of your hearing, which will usually be within the next 10 days.

If you want your hearing recorded you can check a box on the appearance form.

Discovery

Discovery is how you find out more about the evidence your landlord has against you. You do this by asking the landlord written questions (interrogatories) about your case, which he is required to answer. If you have sent interrogatories and your landlord has not responded in time, you have the right to ask the court to postpone the date of your eviction hearing until your questions have been answered. For more information about using discovery, please call LARC, or visit the Housing section of our website and click on "Discovery Information Sheet."

GOING TO COURT

IF YOU MAKE AN AGREEMENT BEFORE THE HEARING, PROTECT YOURSELF BY GETTING IT IN WRITING. IF YOUR LANDLORD HAS AGREED TO WITHDRAW THE CASE, CHECK WITH THE COURT BEFORE THE DEADLINE TO MAKE SURE.

What the landlord must do to evict

In most cases your landlord has to have good cause to evict you. The notice to quit must state the specific reason for the eviction. At the eviction hearing, your landlord must prove that you are being evicted for one of the reasons stated in the notice to quit. If he cannot prove the reason that was stated on the notice to quit, or if the reason is really something else, the court should not allow the eviction. Your landlord may only evict you by proving one of the following reasons:

• Nonpayment of rent;
• Substantial damage to the premises;
• Violation of the lease;
• Behavior of the tenant or members of the tenant's family that harms the health or safety of others;
• Lead paint hazard [call LARC if this is the stated reason];
• Other good cause (when you don’t have a written lease). Before beginning an eviction for something that you did wrong, the landlord must first give you a written warning.

Generally, "good cause" evictions only apply to month-to-month tenancies. Good cause does not always mean something that you did wrong. The landlord can have a legitimate business reason for needing you to move; in that case, a warning is not required. If you have a written lease, you generally cannot be evicted for good cause during the term of the lease, but only for violations of the written lease itself.

Tenant’s defenses

To win the right to stay in your rental property, you must convince the court:

• that the reasons stated on the notice to quit are not true; or
• that the landlord has not followed the correct procedure (see the section WRITTEN NOTICE); or
• that the landlord does not have good cause to evict you; or
• in an eviction for nonpayment of rent, that you do not owe the money.

NON-PAYMENT EVICTIONS

Demand for rent

If you are being evicted for not paying rent, the first notice you should receive is a demand for rent.

• The demand tells you how much rent you owe.
• The demand cannot ask for more rent than you actually owe.
• The demand must be handed to you or to someone in your family, or left at your home
• You should receive the demand before the notice to quit or at the same time.

Notice to quit in non-payment cases

After the demand for rent, you should still receive a notice to quit. The notice must tell you:

• the day you have to leave
• the specific reason for the eviction
• that you have the right to avoid the eviction by paying the rent owed plus $15 by the time the notice to quit expires.

• you do not owe the rent the landlord claims you owe; or
• you were rent withholding (see our "Tenant Rights" pamphlet for details); or
• the landlord owes you more than you owe the landlord. Your landlord might owe you money due to:
• violations of the security deposit law (see our "Security Deposit" pamphlet);
• poor conditions in your apartment which made it worth much less than the rent your landlord charged;
• violations of RSA 540-A, for locking you out or shutting off your utilities (see our Tenant Rights pamphlet);
• money your landlord owes you for any other reason.

Retaliation

Your landlord cannot evict you in retaliation for:

• organizing other tenants,
• reporting housing code violations, or
• withholding your rent in order to get repairs made.

Discrimination

It is unlawful for your landlord to evict you if you are being treated differently because of your:

• age
• sex
• race
• creed
• color
• marital status
• familial status
• physical disability
• mental disability
• national origin.

Discretionary stay

In all evictions, the court has the authority to grant a stay of up to 90 days -- during that time the writ of possession is "stayed" (delayed) by the court. The judge may grant all, none, or part of the 90 days allowed by law. You MUST pay rent weekly in advance during the stay period. If you miss a payment, the landlord can immediately go back to the court and obtain a writ of possession.

If you want to ask the judge for more time, you should do so before the hearing is over. Try to give the judge good reasons for letting you stay - among other things, the judge can consider:

• how hard you have tried to find a new place
• how difficult it will be for you to move right away
• whether your children will have to change schools
• whether you can pay rent during the stay
• whether you have a definite date for moving
• whether a delay will harm the landlord.

WRIT OF POSSESSION

If you lose at the hearing or if you are defaulted (for not filing an appearance or for not coming to the hearing), the court will issue a writ of possession. This writ gives your landlord the right to remove you from the property. You may receive a warning or a visit from the sheriff first, and then the sheriff will return to remove you from the property. It is best to remove your personal property before this happens.

Until the writ of possession is served on you by the sheriff, it is unlawful for your landlord to force you to leave the property. If your landlord locks you out, shuts off your utilities, or tries to make you leave without going through the eviction process, he is violating the law -- you can go to your District Court, ask for a 540-A petition, and request the court to order your landlord to stop. See our "Tenant Rights" pamphlet for more information.

PERSONAL PROPERTY

If you leave any of your property behind when you move, your landlord is still legally obligated to take care of your personal property for 28 days after you move out. After the writ of possession, you can no longer come and go as you please, but your landlord must cooperate in making arrangements for you to come back to get your belongings. This usually means calling your landlord for an appointment to pick up your property. During these 28 days, the landlord must allow you to return for your property upon request, without requiring payment of any rent or storage fees. After 28 days, the landlord may dispose of your belongings without notice to you.

APPEAL

You can appeal your case to the NH Supreme Court. To be able to appeal, you must file a notice of intent to appeal with the District Court within 7 days of the date on the notice of judgment, followed by a formal appeal to the Supreme Court within 30 days of the judgment.

This information is based on the law in effect at the time of publication. It is issued as a public service for general information only, and is not a substitute for legal advice about the facts of your particular situation.