Residential Evictions

Before filing a court case, landlords and tenants can use a free mediation service to resolve their disputes. At mediation, a trained, neutral mediator helps the parties discuss their issues and explore options to reach agreement if they choose. Parties can decide whether to participate in mediation and whether settle their case or not. They do not give up any rights by participating in mediation. Your dispute can be mediated through the eviction diversion program any time before the landlord-tenant writ is issued. If an eviction notice or a demand for rent has been issued, you may wish to request mediation as soon as possible.

"Effective January 1, 2007, 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. "

"New Hampshire has a special process for eviction. No landlord can lawfully evict a tenant without following the steps set out by state law (RSA 540). A tenant can be evicted for violating the lease. If the tenant has no written lease, she or he can be evicted for a variety of reasons. In New Hampshire, tenants renting part of a privately owned and owner-occupied home can be evicted for almost any reason."

The Written Eviction Notice -- The Landlord & Tenant Writ -- The Appearance Form -- The Notice of Hearing -- Raising Defenses at the Hearing -- The Writ of Possession -- Asking for a Discretionary Stay -- Filing a Notice of Intent to Appeal -- The End of the Line.

"The law sets out special eviction rules that park owners must follow to lawfully evict park tenants. The steps include written notice to the tenant and the legal opportunity for a court hearing. For an eviction to be legal, it must be ordered by a court. A court will not allow an eviction unless the park owner can prove the existence of one of the lawful reasons for the eviction."

How quickly will the sheriff come? -- It is winter and I have kids - or I am disabled - does that mean I can not be locked out now? -- How much time will I have once the sheriff arrives at my door? -- What should I take with me? -- What about the things I could not take with me? -- Where can I go? -- I am locked out and have no place to go!

'Given the announcement by the U.S. Treasury that New Hampshire will not receive any additional resources to continue its Emergency Rental Assistance program beyond December 29, 2022, New Hampshire Housing is announcing a pause to incoming applications under the NH Emergency Rental Assistance Program (NHERAP). Effective Friday, October 21, 2022, new applications will not be accepted pending a review of the existing pipeline of applications, the level of federal funding available, and the status of existing State requests to U.S. Treasury for additional funding. Support services will continue to be available through the five Community Action Partnership (CAP) agencies, and all applications in the pipeline will be reviewed and funded (pending eligibility).'

'With the initial 120-day filing moratorium having long expired, many landlords, attorneys, and courts appear to have presumed that the CARES Act notice provision must have also have expired some time in the past. This is, of course, inaccurate; the notice provision carries no expiration date or sunset clause and remains in force as a federal statute codified at 15 U.S.C. § 9058(c).'