New Hampshire 30-Day Notice to Terminate Tenancy (No-Cause / Lapse-of-Term)

NEW HAMPSHIRE 30-DAY NOTICE TO TERMINATE TENANCY — NO-CAUSE / LAPSE-OF-TERM

TABLE OF CONTENTS

1. Restricted vs. Nonrestricted Property — Threshold Decision
2. Grounds and Statutory Notice Periods
3. Part A — Owner / Family Occupancy (Restricted — "Other Good Cause")
4. Part B — Sale / Rehabilitation / Withdrawal from Market (Restricted — "Other Good Cause")
5. Part C — Nonrestricted Property No-Cause Termination
6. Part D — Lease-Expiration Termination (Restricted — RSA 540:2, II(i), eff. 7/1/2026)
7. Specificity and Documentation Requirements
8. Method of Service (RSA 540:5)
9. Affidavit / Proof of Service
10. Tenant Rights Notice (Required)
11. Retaliation and Discrimination Risk Mitigation
12. Landlord Pre-Service Checklist
13. New Hampshire Practice Notes
14. Sources and References

1. RESTRICTED VS. NONRESTRICTED PROPERTY — THRESHOLD DECISION

Before serving any termination notice, the landlord MUST determine the property's classification under RSA 540:1-a:

Property is NONRESTRICTED (RSA 540:1-a, I) if it is one of:

☐ A single-family house, where the owner does not own more than three (3) single-family houses at any one time;

☐ A rental unit in an owner-occupied building containing a total of four (4) dwelling units or fewer;

☐ A single-family house acquired by a bank or other mortgagee through foreclosure;

☐ Any real property rented for nonresidential (commercial) purposes.

Property is RESTRICTED (RSA 540:1-a, II) if it is real property rented for residential purposes that does NOT fall within any nonrestricted category above. Most multi-unit residential rentals and most non-owner-occupied residential properties are restricted.

Note — occupancies that are NOT tenancies at all (RSA 540:1-a, IV): transient rooming/boarding under 90 consecutive days; hotels, motels, inns, and vacation/recreational lodging; student dormitories, nursing homes, and RSA 151-licensed facilities; a single-family home with no lease that is the owner's primary residence; residential real estate under RSA 540-B (shared facilities); vacation/recreational units under RSA 540-C; and certain caregiver occupancies. RSA chapter 540 eviction procedure does not apply to these — do not use this template for them.

Key authority — AIMCO Properties, LLC v. Dziewisz, 152 N.H. 587 (2005): For restricted property, the mere expiration of a lease term is not "other good cause" under RSA 540:2, II. A landlord must invoke one of the enumerated grounds or a genuine "other good cause." (Effective July 1, 2026, RSA 540:2, II(i) creates a limited statutory exception for lease expiration; see Part D.)

Key authority — JP Morgan Chase Bank, NA v. Grimes, 167 N.H. 536 (2015): An owner's desire to market, sell, and/or convey the property in a vacant condition is "other good cause" under RSA 540:2, II(e), read together with RSA 540:2, V. This is why owner-occupancy, sale, and rehabilitation terminations in this template proceed under the II(e) "other good cause" ground — New Hampshire has no separate owner-occupancy, sale, or rehabilitation eviction statute.

2. GROUNDS AND STATUTORY NOTICE PERIODS

What RSA 540:2, II actually enumerates (restricted property): (a) nonpayment of rent; (b) substantial damage; (c) material lease breach; (d) health/safety behavior or refusal of lead-abatement relocation; (e) other good cause; (f) lead exposure-hazard abatement by the owner; (g) tenant's willful failure to prepare the unit for insect/rodent (incl. bed bug) remediation; (h) a remaining cotenant who is the accused perpetrator of domestic violence, sexual assault, or stalking (RSA 540:11-b); and, effective July 1, 2026, (i) expiration of a lease of 12 months or longer on 60 days' notice.

Correction note (do not mis-cite): RSA 540:2, II(f), (g), and (h) are lead abatement, pest-preparation failure, and accused-perpetrator grounds respectively — they are not owner-occupancy, sale, or rehabilitation grounds. Owner-occupancy, sale, and rehabilitation are pursued under II(e) "other good cause" (Parts A and B below).

Notice-period rule (RSA 540:3, II): For all residential tenancies, 30 days' notice is sufficient in all cases, except that 7 days' notice suffices only where the ground is RSA 540:2, II(a), (b), (d), or (h). The "other good cause" grounds used in Parts A and B therefore require the full 30 days. Part D (lease expiration) requires 60 days by the terms of II(i) itself.

The notice period runs from the day after completed service. Tie the termination date to the end of a rental period for clarity, but the statutory minimum controls.

3. PART A — OWNER / FAMILY OCCUPANCY (RESTRICTED — "OTHER GOOD CAUSE")

Use this version when the landlord, or an immediate family member, will move into the unit as a primary residence. For restricted property this is an "other good cause" termination under RSA 540:2, II(e) and V; there is no separate owner-occupancy statute in New Hampshire.

STATE OF NEW HAMPSHIRE

NOTICE TO QUIT — OWNER OR FAMILY OCCUPANCY (OTHER GOOD CAUSE)

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

YOU ARE HEREBY NOTIFIED to QUIT AND DELIVER UP possession of the above-described premises on or before [TERMINATION DATE].

STATUTORY GROUND: RSA 540:2, II(e) — other good cause. The landlord (or an immediate family member of the landlord) intends in good faith to occupy the premises as a primary residence. Under RSA 540:2, V, "other good cause" includes any legitimate business or economic reason and need not be based on any action or inaction of the tenant.

FACTUAL BASIS (specificity required — RSA 540:3, III):

• Person who will occupy: [NAME — relationship to landlord]
• Anticipated move-in date: [__/__/____]
• Reason for occupancy decision: [e.g., return from out-of-state employment; retirement; family caregiving; downsizing] [____________________________________________]
• Current residence of intended occupant: [____________________________________________]

The landlord certifies, in good faith, that this Notice is not a pretext to evade the good-cause requirement of RSA 540:2 and is not made for any retaliatory or discriminatory purpose.

RIGHT TO APPEAR AND DEFEND: You have the right to file an Appearance with the New Hampshire Circuit Court — District Division if a Landlord and Tenant Writ is later filed, and to assert defenses including retaliation (RSA 540:13-a) and discrimination (RSA 354-A; 42 U.S.C. §§ 3601 et seq.).

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

______________________________________
[LANDLORD OR AUTHORIZED AGENT]

4. PART B — SALE / REHABILITATION / WITHDRAWAL FROM MARKET (RESTRICTED — "OTHER GOOD CAUSE")

Use this version when the landlord is selling to a buyer who will not continue the rental, undertaking substantial rehabilitation requiring vacancy, or removing the unit from the rental market. For restricted property each of these is an "other good cause" termination under RSA 540:2, II(e) and V. JP Morgan Chase Bank, NA v. Grimes, 167 N.H. 536 (2015), squarely holds that an owner's desire to convey the property vacant qualifies.

STATE OF NEW HAMPSHIRE

NOTICE TO QUIT — SALE / REHABILITATION / WITHDRAWAL FROM RENTAL MARKET (OTHER GOOD CAUSE)

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

YOU ARE HEREBY NOTIFIED to QUIT AND DELIVER UP possession of the above-described premises on or before [TERMINATION DATE].

STATUTORY GROUND: RSA 540:2, II(e) — other good cause (RSA 540:2, V — legitimate business or economic reason). Check the applicable basis:

☐ Sale — Sale of the property to a purchaser who intends to occupy or to use the property other than as a rental, pursuant to a binding purchase-and-sale agreement dated [__/__/____].

☐ Substantial rehabilitation — Substantial rehabilitation of the property requiring vacancy of the premises.

☐ Withdrawal from market — Permanent removal of the unit from the residential rental market.

FACTUAL BASIS (specificity required — RSA 540:3, III):

For sale:

• Purchaser name: [____________________________________________]
• Anticipated closing date: [__/__/____]
• Purchaser's stated post-closing use: [owner-occupancy / commercial / non-rental other:_______________]

For rehabilitation / withdrawal:

• Scope of work: [____________________________________________]
• Permits applied for / obtained: [permit number ____________________]
• Anticipated start of work: [__/__/____]
• Reason vacancy is required: [____________________________________________]
• Estimated duration of work: [____________________________________________]

The landlord certifies, in good faith, that this Notice is not a pretext to evade the good-cause requirement of RSA 540:2 and is not retaliatory or discriminatory.

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

______________________________________
[LANDLORD OR AUTHORIZED AGENT]

5. PART C — NONRESTRICTED PROPERTY NO-CAUSE TERMINATION

Use this version ONLY for nonrestricted property (single-family rentals where the owner holds three or fewer such houses; owner-occupied buildings of four units or fewer; foreclosure single-family houses; etc.).

STATE OF NEW HAMPSHIRE

NOTICE TO QUIT — TERMINATION OF TENANCY (NONRESTRICTED PROPERTY)

Pursuant to RSA 540:1, RSA 540:1-a, RSA 540:2, I, and RSA 540:3, II

YOU ARE HEREBY NOTIFIED to QUIT AND DELIVER UP possession of the above-described premises on or before [TERMINATION DATE].

PROPERTY CLASSIFICATION: This Notice is issued under RSA 540:1-a, I for nonrestricted property, specifically (check one):

☐ Single-family house; owner does not own more than three (3) such houses;
☐ Rental unit in an owner-occupied building of four (4) dwelling units or fewer;
☐ Single-family house acquired by a bank/mortgagee through foreclosure;
☐ Other nonrestricted category under RSA 540:1-a, I: [____________________________________________].

Because the property is nonrestricted, the good-cause grounds of RSA 540:2, II do not apply, and the landlord terminates the tenancy under RSA 540:2, I at the end of the 30-day notice period.

RIGHT TO APPEAR AND DEFEND: You retain the right to file an Appearance with the New Hampshire Circuit Court — District Division and to assert defenses including retaliation (RSA 540:13-a, applicable regardless of property classification) and discrimination (RSA 354-A; 42 U.S.C. §§ 3601 et seq.). Receipt of a no-cause notice does not waive any tenant defense.

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

______________________________________
[LANDLORD OR AUTHORIZED AGENT]

6. PART D — LEASE-EXPIRATION TERMINATION (RESTRICTED — RSA 540:2, II(i), EFF. 7/1/2026)

Use this version only for restricted property, and only on or after July 1, 2026, when the landlord terminates at the expiration of the lease term. This is the narrow statutory exception the Legislature added in 2025 (2025 N.H. Laws ch. 263, eff. July 1, 2026) to the AIMCO/Dziewisz rule.

Eligibility — ALL of the following are required (RSA 540:2, II(i)):

☐ The lease's original term is 12 months or longer, OR the lease was for less than 12 months but has been renewed for a total period of 12 months or longer;
☐ The landlord gives the tenant written notice at least 60 days before the lease-term termination date that the lease will not be renewed and the tenant must vacate at the end of the term; AND
☐ The landlord files the possessory action within 6 months of the lease expiring.

STATE OF NEW HAMPSHIRE

NOTICE OF NON-RENEWAL / TERMINATION AT END OF LEASE TERM

Pursuant to RSA 540:2, II(i) and RSA 540:5

YOU ARE HEREBY NOTIFIED that the landlord will not renew your lease and that you must QUIT AND DELIVER UP possession on or before the date above, at the expiration of the lease term.

STATUTORY GROUND: RSA 540:2, II(i) — expiration of a lease with an original or renewed term of 12 months or longer, with at least 60 days' written notice.

NO-FAULT NOTATION (RSA 540:2, VIII): A termination under RSA 540:2, II(i) is a no-fault termination of tenancy and shall not be considered an eviction for purposes of rental applications or tenant-screening reports; the court will note in the record that the termination was at no fault of the tenant.

PRESERVED TENANT DEFENSES (RSA 540:2, II(i)(2)): This notice does not affect your defense of retaliatory eviction under RSA 540:13-a or your protections from discrimination under RSA 354-A.

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

______________________________________
[LANDLORD OR AUTHORIZED AGENT]

7. SPECIFICITY AND DOCUMENTATION REQUIREMENTS

RSA 540:3, III requires the eviction notice to state with specificity the reason for the eviction. For restricted-property "other good cause" terminations (Parts A and B), the landlord must be prepared to prove the asserted ground at the hearing. Maintain documentary evidence including:

• Owner-occupancy: Sworn affidavit of intent to occupy; proof of current address transition (lease termination at prior residence, employment change, mortgage application, change-of-address records).
• Sale: Executed purchase-and-sale agreement; deposit receipt; buyer affidavit of intended use; closing statement when available.
• Rehabilitation: Building permits, contractor proposals, scope-of-work documentation, financing or construction-loan commitments, structural-engineering reports.
• Withdrawal from market: Documentation of conversion to non-rental use, demolition permits, or comparable proof.
• Lease expiration (Part D): The lease showing a term of 12 months or longer (or renewal history to that length); proof of 60-day written notice; and the filing must occur within 6 months of expiration.

Because owner-occupancy, sale, and rehabilitation are not based on the tenant's action or inaction, the pre-eviction "warning notice" required by RSA 540:2, III for tenant-conduct "other good cause" does not apply to them. Failure to introduce adequate proof at hearing typically results in dismissal of the possessory action.

8. METHOD OF SERVICE (RSA 540:5)

Under RSA 540:5, I, the notice may be served by any person, either personally on the tenant or left at the tenant's last and usual place of abode. Proof of service is shown by a true and attested copy of the notice accompanied by an affidavit of service (which need not be sworn under oath).

☐ Personal in-hand delivery;
☐ Left at the tenant's last and usual place of abode.

Best practice: Sheriff/constable service plus retained proof; certified mail may supplement but does not replace the statutory methods for residential premises.

9. AFFIDAVIT / PROOF OF SERVICE

STATE OF NEW HAMPSHIRE
COUNTY OF [_______________]

I, [SERVER NAME], state:

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

2. On [__/__/____] at [____ a.m./p.m.], I served the foregoing Notice upon [TENANT NAME] at [ADDRESS] by (check one):

☐ Personal in-hand delivery;
☐ Leaving a copy at the tenant's last and usual place of abode.

______________________________________
[SERVER SIGNATURE / TITLE]

10. TENANT RIGHTS NOTICE (REQUIRED)

TO THE TENANT — IMPORTANT INFORMATION ABOUT YOUR RIGHTS:

1. You may have defenses even if this Notice does not allege you did anything wrong:
   - Restricted-property defense — if the property does not fall within RSA 540:1-a's nonrestricted categories, the landlord must prove a good-cause ground under RSA 540:2, II (which, for owner-occupancy/sale/rehabilitation, means genuine "other good cause" under II(e)).
   - Lapse-of-term defense — for restricted property, mere expiration of a lease is not good cause (AIMCO Properties, LLC v. Dziewisz, 152 N.H. 587 (2005)), except through the narrow RSA 540:2, II(i) path (eff. 7/1/2026) with its 60-day-notice and 6-month-filing conditions.
   - Retaliation — RSA 540:13-a presumes retaliation if eviction is initiated within six (6) months of your protected activity (habitability complaint, code-enforcement contact, RSA 540-A action, lawful tenant organizing).
   - Discrimination — RSA 354-A:10 makes it unlawful to discriminate in a real estate transaction because of age, sex, gender identity, race, religion, color, marital status, familial status, physical or mental disability, or national origin (and, under RSA 354-A:10, VI, sexual orientation), as does the federal Fair Housing Act.
   - Pretext — the landlord's stated good-cause ground is not genuine (e.g., an owner-occupancy or sale claim followed by re-renting to a third party).
   - Defective notice — vague allegations, missing information, or improper service.

2. Free legal help:
   - 603 Legal Aid: 1-800-639-5290 / www.603legalaid.org
   - NH Legal Assistance: 1-800-562-3174 / www.nhla.org
   - NH Bar Lawyer Referral: 1-603-229-0002

3. You do not have to vacate before a court orders you to. Self-help eviction by the landlord (lockout, utility shutoff, removal of belongings) is prohibited under RSA 540-A:3, and a tenant may seek relief and damages under RSA 540-A:4.

11. RETALIATION AND DISCRIMINATION RISK MITIGATION

A no-cause / lapse-of-term termination is the highest-risk category for retaliation and discrimination claims because the landlord cannot point to tenant fault. Mitigation steps:

1. Document the legitimate business reason in advance (memo to file, photographs of intended-occupancy plans, sale agreement, permit application).
2. Avoid timing around protected activity. If the tenant filed a code complaint or a 540-A petition within six months, postpone unless an independent ground exists (RSA 540:13-a).
3. Apply criteria uniformly. If only one tenant is being terminated, document why other similarly situated tenants are not.
4. Provide a reasonable transition period. Although 30 days is the statutory minimum (60 for Part D), a longer notice reduces the perception of retaliation.
5. Offer relocation assistance where the landlord's reason (rehabilitation, withdrawal) implicates large displacement; some local ordinances (e.g., Manchester, Concord) may require it.
6. Refrain from rent increases during the notice period, and accept rent without prejudice (with a written non-waiver letter).

12. LANDLORD PRE-SERVICE CHECKLIST

☐ Property classification confirmed under RSA 540:1-a (this is the single most important step).
☐ For restricted property, the correct RSA 540:2, II ground identified — owner-occupancy/sale/rehabilitation proceed under II(e) "other good cause," NOT under II(f)/(g)/(h).
☐ Notice period calculated (30 days minimum; 60 days for a Part D lease-expiration termination).
☐ For Part D: lease term is ≥ 12 months (or renewed to that length); calendar the 6-month filing deadline.
☐ Termination date aligned with end of rent period for clarity.
☐ Lead-paint disclosure given at lease inception (RSA 130-A; 24 C.F.R. Part 35) for pre-1978 housing.
☐ No tenant complaint, code-enforcement contact, or RSA 540-A action within six (6) months (RSA 540:13-a).
☐ Tenant not in a protected class such that timing implies discrimination; criteria applied uniformly (RSA 354-A:10).
☐ Documentary evidence of the asserted ground assembled.
☐ Sheriff or constable reserved; affidavit of service prepared.

13. NEW HAMPSHIRE PRACTICE NOTES

1. No stand-alone owner-occupancy/sale/rehab statute. New Hampshire does not enumerate owner-occupancy, sale, or rehabilitation as separate eviction grounds. They are pursued as "other good cause" under RSA 540:2, II(e) and V — confirmed for sale/conveyance in JP Morgan Chase Bank, NA v. Grimes, 167 N.H. 536 (2015). Do not cite RSA 540:2, II(f), (g), or (h) for these purposes; those subsections govern lead-hazard abatement, pest-preparation failure, and an accused-perpetrator cotenant, respectively.
2. Lapse-of-term for restricted property. Prior to July 1, 2026, AIMCO/Dziewisz forecloses lapse-of-term alone as good cause. Effective July 1, 2026, RSA 540:2, II(i) permits it for leases of 12 months or longer on 60 days' notice, with the possessory action filed within 6 months (2025 N.H. Laws ch. 263). Confirm current text at gc.nh.gov before relying on II(i).
3. Notice periods (RSA 540:3, II). 30 days for residential terminations generally; 7 days only for RSA 540:2, II(a), (b), (d), or (h). There is no shorter-than-30-day residential no-cause notice.
4. Pretext exposure. A landlord who cites owner-occupancy or sale and then re-rents shortly thereafter is exposed to a wrongful-eviction/pretext defense.
5. Local ordinances. Manchester, Concord, Nashua, Portsmouth, and Lebanon may impose additional protections (rental registries, just-cause overlays, source-of-income protections, eviction-record sealing) — verify locally.
6. Subsidized housing. Section 8 vouchers, public housing, and LIHTC properties are subject to additional good-cause requirements under federal law; confirm the applicable HUD/PHA rules.
7. Domestic violence. A no-cause termination cannot be used to evict a victim — RSA 540:2, VII and RSA 540:11-b provide a safe harbor and an affirmative defense.
8. Acceptance of rent during notice period. Use a written non-waiver letter; accepting rent without reservation may waive the termination.
9. Shared facilities / roommate occupancies are governed by RSA 540-B; vacation/recreational rentals by RSA 540-C — different procedures apply.
10. Form fidelity. Use the current NH Judicial Branch eviction-notice form or one containing the same information (RSA 540:5, II); notice-form defects are fatal (Horton v. Clemens, 173 N.H. 480 (2020)).

14. SOURCES AND REFERENCES

• RSA 540:1-a (Definitions): https://gc.nh.gov/rsa/html/lv/540/540-1-a.htm
• RSA 540:2 (Termination of Tenancy): https://gc.nh.gov/rsa/html/lv/540/540-2.htm
• RSA 540:3 (Eviction Notice): https://gc.nh.gov/rsa/html/lv/540/540-3.htm
• RSA 540:5 (Service): https://gc.nh.gov/rsa/html/lv/540/540-5.htm
• RSA 540-A:3 (Prohibited Practices): https://gc.nh.gov/rsa/html/lv/540-A/540-A-3.htm
• RSA 354-A:10 (Real Estate Transactions — Discrimination): https://gc.nh.gov/rsa/html/XXXI/354-A/354-A-10.htm
• NH Judicial Branch — Landlord/Tenant: https://www.courts.nh.gov/our-courts/circuit-court/district-division/landlordtenant
• AIMCO Properties, LLC v. Dziewisz, 152 N.H. 587 (2005).
• JP Morgan Chase Bank, NA v. Grimes, 167 N.H. 536, 114 A.3d 1007 (2015).
• Horton v. Clemens, 173 N.H. 480 (2020).

End of Template