NOTICE TO QUIT AND DEMAND FOR POSSESSION

(New Hampshire)

[// GUIDANCE: This template is drafted for use under New Hampshire landlord-tenant law, primarily N.H. Rev. Stat. Ann. (RSA) ch. 540. Verify all facts, dates, and dollar amounts before service. Tailor bracketed placeholders and strike irrelevant options.]

I. DOCUMENT HEADER

1. Parties
   1.1 Landlord: [LANDLORD LEGAL NAME], a [TYPE OF ENTITY / INDIVIDUAL] with a principal address at [LANDLORD ADDRESS] (“Landlord”).
   1.2 Tenant: [TENANT LEGAL NAME] residing at the Leased Premises defined below (“Tenant”).

2. Leased Premises
   Street address: [PREMISES ADDRESS], Unit [UNIT #], [CITY], New Hampshire [ZIP] (the “Premises”).

3. Lease / Tenancy Information
   3.1 Type of Tenancy: ☐ Written Lease dated [LEASE DATE] ☐ Oral Tenancy at Will ☐ Subsidized Tenancy (identify program).
   3.2 Monthly Rent: $[RENT] due on the [DUE DAY] of each month.

4. Effective Date of Notice
   This Notice is issued and delivered on [DATE OF SERVICE] (the “Effective Date”).

II. TABLE OF CONTENTS

I. Document Header
II. Table of Contents
III. Definitions
IV. Operative Provisions
V. Tenant Statutory Rights & Cure Opportunities
VI. Service of Notice & Certificate
VII. Governing Law, Forum & Reservation of Rights
VIII. General Provisions
IX. Execution Block

III. DEFINITIONS

“Applicable Statute” means RSA chapter 540, including without limitation RSA 540:2 and 540:3.
“Notice Period” means the statutory minimum number of days between the Effective Date and the Termination Date, as set forth in Section 4.1.
“Termination Date” means [TERMINATION DATE], being at least the statutory minimum following proper service of this Notice.

IV. OPERATIVE PROVISIONS

4. Notice to Quit and Demand for Possession
   4.1 Pursuant to the Applicable Statute, Landlord hereby terminates Tenant’s right of possession of the Premises effective [TERMINATION DATE] (the “Termination Date”). The minimum Notice Period is:
   a. ☐ Seven (7) days for non-payment of rent. RSA 540:2 II(a).
   b. ☐ Thirty (30) days for material breach other than non-payment. RSA 540:2 II(b).
   c. ☐ Thirty (30) days for termination of tenancy at will without cause. RSA 540:2 III.
   d. ☐ Seven (7) days for destruction/substantial damage, violent acts, or drug-related activity. RSA 540:2 II(c)–(d).

4.2 Basis for Termination (check all that apply):
a. ☐ Non-payment of rent in the amount of $[ARREARAGE] for the period [FROM] through [TO].
b. ☐ Material lease violation described as follows: [DESCRIPTION OF VIOLATION].
c. ☐ Termination of tenancy at will.
d. ☐ Other statutory cause: [SPECIFY].

4.3 Demand for Possession
Tenant shall:
(i) Deliver full possession of the Premises to Landlord no later than 11:59 p.m. on the Termination Date; and
(ii) Surrender the Premises in broom-clean condition, remove all personal property, and return all keys and access devices to Landlord.

4.4 Rent and Use & Occupancy after Termination
If Tenant remains in possession after the Termination Date, Landlord will seek judgment for possession, mesne profits/use & occupancy at the daily rate of $[DAILY RATE], court costs, and statutory liquidated damages.

V. TENANT STATUTORY RIGHTS & CURE OPPORTUNITIES

5.1 Non-Payment of Rent – Right to Cure
If this Notice is based solely on non-payment of rent:
• Tenant may avoid eviction by paying all rent arrearages, any lawful late charges, and $15.00 in liquidated damages within the seven-day Notice Period, prior to the initiation of any eviction action. RSA 540:2 II(a).

5.2 Breach Other Than Non-Payment – Right to Cure
For violations specified in Section 4.2(b), Tenant may cure the breach within the thirty-day Notice Period by [CURATIVE ACTION REQUIRED] and providing written proof of cure to Landlord. Failure to cure shall entitle Landlord to proceed with eviction. RSA 540:2 II(b).

5.3 Resources
Tenant may seek assistance from New Hampshire Legal Assistance (1-800-639-5290) or other counsel of choice.

[// GUIDANCE: Including resources is not mandatory under RSA 540 but is recommended for fairness and to withstand equitable defenses.]

VI. SERVICE OF NOTICE & CERTIFICATE

6.1 Authorized Methods of Service
This Notice shall be served in accordance with RSA 540:3 by:
a. ☐ Personal service on Tenant;
b. ☐ Leaving a copy at Tenant’s last and usual place of abode; or
c. ☐ Leaving a copy at the Premises in the presence of a suitable person or by conspicuous posting if no person is present.

6.2 Certificate of Service
I, [SERVER NAME], being at least 18 years of age and not a party to this lease, certify that I served this Notice on Tenant by the method indicated above on [DATE OF SERVICE].

Signature: ____ Date: ____

VII. GOVERNING LAW, FORUM & RESERVATION OF RIGHTS

7.1 Governing Law
This Notice and any resulting action for possession shall be governed by the laws of the State of New Hampshire, without regard to conflict-of-law principles.

7.2 Forum Selection
Any eviction proceeding shall be filed in the Housing Court-designated session of the New Hampshire Circuit Court, District Division, with venue in [COUNTY] County.

7.3 Jury Trial
Nothing herein shall be construed as a waiver of either party’s constitutional right to trial by jury where such right is applicable.

7.4 Reservation of Rights
All Landlord rights and remedies, whether at law, in equity, or under the Lease, are expressly reserved. Acceptance of partial payments after service of this Notice shall not constitute waiver unless affirmatively agreed in writing by Landlord.

VIII. GENERAL PROVISIONS

8.1 No Waiver
Failure of Landlord to enforce any provision herein or under the Lease shall not be deemed a waiver of future enforcement.

8.2 Severability
If any portion of this Notice is held invalid or unenforceable, the remainder shall remain in full force to the maximum extent permitted by law.

8.3 Entire Notice
This document constitutes the entire notice required by the Applicable Statute and supersedes all prior oral or written demands relating to the termination referenced herein.

8.4 Counterparts & Electronic Signatures
This Notice may be executed in counterparts and delivered by electronic means, each of which shall be deemed an original.

IX. EXECUTION BLOCK

LANDLORD / AUTHORIZED AGENT:

Signature

Name: _____
Title: ____
Date: ______

[// GUIDANCE: Insert notary acknowledgment if local practice requires or if desired for evidentiary value.]

CERTIFICATE OF SERVICE (reproduced for standalone filing)

I, [SERVER NAME], certify that on [DATE] I served the foregoing Notice to Quit and Demand for Possession upon [TENANT NAME] by:
☐ personal delivery ☐ leaving at last and usual place of abode ☐ conspicuous posting

Signature of Server Date

STATUTORY REFERENCES

1. Termination & notice periods: N.H. Rev. Stat. Ann. § 540:2.
2. Service of notice: N.H. Rev. Stat. Ann. § 540:3.

[// GUIDANCE:
1. File the eviction (Landlord-Tenant Writ) no earlier than the day after the Notice Period expires.
2. Ensure rent ledger accuracy; attach as exhibit to writ if non-payment is alleged.
3. If accepting cure payment, issue written acknowledgment to avoid “double payment” claims.
4. For subsidized tenancies, comply with HUD/USDA/VASH notice overlays.
]