New Hampshire Demand for Rent and Notice to Quit (Nonpayment)

NEW HAMPSHIRE DEMAND FOR RENT AND NOTICE TO QUIT — NONPAYMENT

TABLE OF CONTENTS

1. Statutory Framework and Use
2. Restricted vs. Non-Restricted Property Determination
3. Part A — Demand for Rent (NHJB-3040-D Equivalent)
4. Part B — Seven-Day Notice to Quit
5. Tenant Right to Cure (RSA 540:9)
6. Method of Service (RSA 540:5)
7. Affidavit / Proof of Service
8. Landlord Pre-Service Checklist
9. Tenant Rights Notice (Required)
10. Retaliation and Discrimination Compliance
11. New Hampshire Practice Notes
12. Sources and References

1. STATUTORY FRAMEWORK AND USE

This combined Demand for Rent and Notice to Quit is intended for use by a New Hampshire residential landlord seeking to terminate a tenancy and recover possession on the ground of nonpayment of rent. Under RSA 540:2, II(a), nonpayment is one of the enumerated good-cause grounds for terminating a tenancy of restricted property. Under RSA 540:3, II(a), the required notice period is seven (7) days for nonpayment.

A defective or omitted Demand for Rent will defeat the possessory action; the New Hampshire Supreme Court in Horton v. Clemens, 173 N.H. 480 (2020), held that a notice that fails to contain the same information as the judicial-branch form is non-compliant.

2. RESTRICTED VS. NON-RESTRICTED PROPERTY DETERMINATION

The landlord must determine whether the rental is restricted property under RSA 540:1-a:

☐ Restricted property — most residential rentals other than:
☐ Owner-occupied buildings with four (4) or fewer dwelling units;
☐ Single-family homes owned by an individual landlord owning three (3) or fewer such properties;
☐ Transient lodging under 90 days, hotels, dormitories, nursing homes, caregiver occupancies under written agreement.

☐ Non-restricted property — falls within one of the exemptions above.

For nonpayment of rent, the seven-day notice and Demand for Rent are required for both classifications, but only restricted property is subject to the good-cause limits of RSA 540:2, II.

3. PART A — DEMAND FOR RENT (NHJB-3040-D EQUIVALENT)

STATE OF NEW HAMPSHIRE

DEMAND FOR RENT

Pursuant to RSA 540:2, II(a) and RSA 540:3

YOU ARE HEREBY NOTIFIED that as of [__/__/____], you have failed to pay rent due and owing on the above-described premises in the following amounts:

DEMAND IS HEREBY MADE upon you for the immediate payment of the total arrearage stated above.

RIGHT TO PAY AND AVOID EVICTION: Under RSA 540:9, you may dismiss any eviction action filed against you for nonpayment of rent by paying, before the court hearing, the full rent and other lawful charges due, plus $15 liquidated damages, plus the court filing fee and the cost of service. Payment may be made in cash, by certified check, money order, electronic transfer, or by a voucher from a charitable or governmental agency. You may use this right to cure no more than three (3) times in any twelve (12)-month period.

Acceptable methods of payment: [____________________________________________].

Address for payment: [____________________________________________].

This Demand for Rent is served upon you in conjunction with a Notice to Quit dated the same day. Together they require you to pay the arrearage or vacate the premises within seven (7) days of service.

Dated: [__/__/____]

______________________________________
[LANDLORD OR AUTHORIZED AGENT]

4. PART B — SEVEN-DAY NOTICE TO QUIT

STATE OF NEW HAMPSHIRE

NOTICE TO QUIT — NONPAYMENT OF RENT

Pursuant to RSA 540:2, II(a) and RSA 540:3, II(a)

YOU ARE HEREBY NOTIFIED to QUIT AND DELIVER UP possession of the above-described premises, which you now hold of me as tenant, on or before the expiration of SEVEN (7) DAYS from the date this Notice is served upon you.

REASON FOR EVICTION (RSA 540:2, II(a)):

☐ Neglect or refusal to pay rent due and in arrears, upon demand, in the total amount of $[__________], more particularly described in the accompanying Demand for Rent dated [__/__/____].

SPECIFICITY (RSA 540:3, IV): The arrearage consists of unpaid rent for the following rental periods:

[ITEMIZE BY MONTH/AMOUNT — see Demand for Rent attached]

If you do not pay the arrearage in full (plus $15 liquidated damages and any court costs incurred) before any hearing held on a Landlord and Tenant Writ filed against you, the landlord intends to file in the New Hampshire Circuit Court — District Division in [CIRCUIT COURT LOCATION] to obtain a Writ of Possession and recover the unpaid rent and damages.

TENANT RIGHT TO CURE: See Section 5 below.

RIGHT TO APPEAR AND DEFEND: You have the right to appear in court and to assert defenses including, without limitation, payment, partial payment, breach of the implied warranty of habitability, retaliation, discrimination, and defective notice. The court shall provide a Tenant Appearance form.

Dated: [__/__/____] at [CITY], New Hampshire.

______________________________________
[LANDLORD OR AUTHORIZED AGENT]
[ADDRESS]
[PHONE]

5. TENANT RIGHT TO CURE (RSA 540:9)

The tenant may avoid eviction for nonpayment of rent by paying, before the court hearing, the following sums in lawful tender:

1. All rent due and in arrears as of the date of payment;
2. Any other lawful charges due under the lease (excluding charges that are themselves the subject of dispute);
3. $15 liquidated damages under RSA 540:9;
4. The court filing fee actually paid by the landlord;
5. The reasonable cost of service of process actually paid by the landlord.

The landlord must accept payment in cash, certified check, money order, electronic funds transfer, or by a voucher issued by a charitable or governmental agency. Upon receipt, the landlord shall file a receipt with the court before the hearing, and the action shall be dismissed.

LIMITATION: A tenant may not assert this right to cure more than three (3) times in any twelve (12)-month period measured from the date of the most recent prior cure.

6. METHOD OF SERVICE (RSA 540:5)

The Notice to Quit and Demand for Rent shall be served upon the tenant by any of the following:

☐ Personal service — delivered in hand to the tenant;

☐ Substitute service — left at the rented premises with a person of suitable age and discretion residing therein;

☐ Posting and mailing — posted in a conspicuous place on the rented premises and a copy mailed to the tenant by first-class mail, postage prepaid;

☐ Certified mail with return receipt requested.

BEST PRACTICE: Use a New Hampshire sheriff, constable, or licensed process server, AND send a duplicate by certified mail, to defeat any future challenge to sufficiency of service.

The seven-day clock begins to run the day after service is complete, and weekends and holidays are counted; if the seventh day falls on a Saturday, Sunday, or legal holiday, the period extends to the next business day.

7. AFFIDAVIT / PROOF OF SERVICE

STATE OF NEW HAMPSHIRE
COUNTY OF [_______________]

I, [SERVER NAME], being duly sworn, depose and state:

1. I am over the age of 18 and not a party to this action.

2. On [__/__/____] at approximately [____ a.m./p.m.], I served the foregoing Demand for Rent and Notice to Quit upon [TENANT NAME] at the premises known as [ADDRESS] by the following method (check one):

☐ Personal in-hand delivery to the named tenant;

☐ Leaving a true copy with [NAME], a person of suitable age and discretion residing at the premises;

☐ Posting in a conspicuous place on the premises and mailing a true copy by first-class mail to the tenant at the premises address;

☐ Certified mail, return receipt requested, USPS tracking no. [________________].

______________________________________
[SERVER SIGNATURE]
[PRINTED NAME — TITLE: Sheriff / Constable / Process Server / Owner]

Sworn to before me this [__] day of [_____________], 20[__].

______________________________________
Notary Public / Justice of the Peace
My commission expires: [__/__/____]

8. LANDLORD PRE-SERVICE CHECKLIST

☐ Verified property classification (restricted vs. non-restricted) under RSA 540:1-a.
☐ Confirmed all rent demanded is actually due under the lease and not subject to setoff for habitability defects or security-deposit credits.
☐ Confirmed lead-paint disclosure given at lease inception (RSA 130-A; 24 C.F.R. Part 35) — failure may bar eviction.
☐ Confirmed no habitability complaint, code-enforcement contact, or RSA 540-A action by tenant within the past six (6) months (RSA 540:13-a).
☐ Confirmed tenant is not in a protected class under RSA 354-A:10 such that the timing of this notice could be construed as discriminatory.
☐ Computed all arrears, late fees, and other lawful charges with documentary support.
☐ Set up an acceptable cure-payment method that includes at least one non-electronic option (RSA 540-A:3, VIII).
☐ Reserved a sheriff or constable for service.
☐ Calendared the seven-day notice expiration AND a date to obtain a Landlord and Tenant Writ from the District Division clerk if cure does not occur.

9. TENANT RIGHTS NOTICE (REQUIRED)

The following notice is included for the protection of the tenant pursuant to RSA 540:3 and Circuit Court Rule 5:

TO THE TENANT — IMPORTANT INFORMATION ABOUT YOUR RIGHTS:

1. You may avoid eviction by paying the amount stated in the Demand for Rent, plus $15 liquidated damages and any court costs, before the date of any court hearing. (RSA 540:9.)

2. You have the right to appear in court and dispute the eviction. If a Landlord and Tenant Writ is filed, you must file an Appearance with the court within the time stated on the writ (generally seven days from service).

3. You may have defenses including but not limited to: (a) you have paid the rent or it is not in fact due; (b) the premises are uninhabitable or the landlord has breached the warranty of habitability (Kline v. Burns, 111 N.H. 87 (1971)); (c) the landlord is retaliating against you for lawful complaints (RSA 540:13-a — rebuttable presumption if eviction follows within six months of a protected activity); (d) the eviction is discriminatory under RSA 354-A:10; (e) the notice is defective in form or service; (f) the landlord has wrongfully retained your security deposit (RSA 540-A — strict liability with double damages).

4. Free legal help may be available. Contact:
   - 603 Legal Aid: 1-800-639-5290 / www.603legalaid.org
   - NH Legal Assistance: 1-800-562-3174
   - NH Bar Association Lawyer Referral Service: 1-603-229-0002

5. Court Service Center: https://www.courts.nh.gov/our-courts/circuit-court/court-service-center

10. RETALIATION AND DISCRIMINATION COMPLIANCE

Retaliation (RSA 540:13-a). A possessory action commenced within six (6) months of a tenant's protected activity — including a good-faith report of a code or safety violation, an action under RSA 540-A, or lawful organizing with other tenants — creates a rebuttable presumption of retaliation. The landlord bears the burden to overcome the presumption with credible non-retaliatory evidence. A successful retaliation defense entitles the tenant to damages of up to three (3) months' rent, plus reasonable attorney's fees and costs. The presumption does not apply if the tenant owes one (1) week or more of rent.

Discrimination (RSA 354-A). New Hampshire prohibits discrimination in housing based on race, color, religion, marital status, familial status, age, sex, sexual orientation, gender identity, national origin, ancestry, disability, or source of lawful income. The federal Fair Housing Act, 42 U.S.C. §§ 3601–3619, similarly prohibits discrimination on the protected bases enumerated therein.

Local protections. Manchester, Concord, Nashua, Portsmouth, and Lebanon may have local ordinances providing additional protections (rental registries, source-of-income protections, eviction-record sealing, just-cause supplements). Verify with the municipal clerk before service.

11. NEW HAMPSHIRE PRACTICE NOTES

1. Two-document rule. New Hampshire requires both a Demand for Rent and a Notice to Quit; do not omit either. This template integrates both.
2. Form fidelity. Use the NHJB-3040-D and NHJB-2070-DE form content verbatim where possible; Horton v. Clemens, 173 N.H. 480 (2020), invalidates notices that omit information appearing on the judicial-branch forms.
3. Good-cause narrow construction. AIMCO Properties, LLC v. Dziewisz, 152 N.H. 587 (2005), construes RSA 540:2, II(e) ("other good cause") narrowly; lapse of lease term alone is not "other good cause" for restricted property absent statutory amendment.
4. No self-help. Lockouts, utility shutoffs, removal of tenant property, and unauthorized entry are prohibited under RSA 540-A:3 with treble damages plus attorney's fees per RSA 540-A:4.
5. Security-deposit setoff. Under RSA 540-A, deposits remain the tenant's money held in trust; failure to return within 30 days of tenancy termination, or wrongful retention, exposes the landlord to double damages (RSA 540-A:7). A tenant may assert wrongful retention as a defense or counterclaim.
6. Lead paint. RSA 130-A and federal 24 C.F.R. Part 35 require pre-lease disclosure for housing built before 1978. Failure to disclose is an affirmative defense and exposes the landlord to civil penalties.
7. Vacation/short-term rentals. RSA 540-C governs vacation/recreational rentals (under three months) and provides separate expedited procedures.
8. Shared facilities. RSA 540-B governs roommate / shared-facility arrangements with a different (non-RSA-540) framework — confirm classification.
9. 2024 legislative activity. Verify current text of RSA 540:2, II at gc.nh.gov/rsa; HB 1115 (2024) attempted to add lapse-of-term as a ground for restricted property and was sent to interim study; HB 1368 and related housing bills should be checked for enacted status.
10. 2026-effective amendment. Per the 2024 amendment to RSA 540:2 (effective July 1, 2026), lease expiration with sixty (60) days' notice may become a permitted ground for restricted property — verify before relying on lapse-of-term.

12. SOURCES AND REFERENCES

• New Hampshire Revised Statutes Annotated, Chapter 540 — Actions Against Tenants: https://gc.nh.gov/rsa/html/lv/540/540-mrg.htm
• New Hampshire Revised Statutes Annotated, Chapter 540-A — Prohibited Practices and Security Deposits: https://gc.nh.gov/rsa/html/lv/540-A/540-A-mrg.htm
• New Hampshire Revised Statutes Annotated, Chapter 354-A — Human Rights Commission: https://gc.nh.gov/rsa/html/xxxi/354-a/354-a-mrg.htm
• NH Judicial Branch — Landlord/Tenant District Division: https://www.courts.nh.gov/our-courts/circuit-court/district-division/landlordtenant
• NH Judicial Branch — Form NHJB-3040-D Demand for Rent: https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2022-07/nhjb-3040-d.pdf
• NH Judicial Branch — Landlord-Tenant Writ Filing and Service Instructions: https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/llt-writ-filing-and-service-instructions.pdf
• NH Circuit Court — District Division Rules 5.1–5.12 (Landlord and Tenant Actions): https://www.courts.nh.gov/rules-circuit-court-state-new-hampshire-district-division/landlord-and-tenant-actions
• NH Law Library — Residential Evictions Research Guide: https://courts-state-nh-us.libguides.com/evictions
• Kline v. Burns, 111 N.H. 87 (1971) — implied warranty of habitability: https://law.justia.com/cases/new-hampshire/supreme-court/1971/6051-0.html
• Horton v. Clemens, 173 N.H. 480 (2020) — notice form fidelity
• AIMCO Properties, LLC v. Dziewisz, 152 N.H. 587 (2005) — narrow construction of "other good cause"
• 603 Legal Aid: https://www.603legalaid.org
• New Hampshire Legal Assistance: https://www.nhla.org

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