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. Non-Restricted Property — Threshold Decision
2. Statutory Notice Periods
3. Part A — Owner-Occupancy / Family-Occupancy Termination (Restricted)
4. Part B — Sale / Rehabilitation Termination (Restricted)
5. Part C — Non-Restricted Property No-Cause Termination
6. Specificity and Documentation Requirements
7. Method of Service (RSA 540:5)
8. Affidavit / Proof of Service
9. Tenant Rights Notice (Required)
10. Retaliation and Discrimination Risk Mitigation
11. Landlord Pre-Service Checklist
12. New Hampshire Practice Notes
13. Sources and References

1. RESTRICTED VS. NON-RESTRICTED PROPERTY — THRESHOLD DECISION

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

Property is NON-RESTRICTED if it is one of:

☐ A single-family home owned by an individual landlord who owns three (3) or fewer single-family homes used as rentals;

☐ A building of four (4) or fewer dwelling units in which the landlord (a natural person) occupies one of the units as the landlord's principal residence;

☐ A vacation or recreational rental governed by RSA 540-C;

☐ Transient lodging under 90 days, hotels, motels, dormitories, nursing homes, or caregiver occupancies under written agreement.

Property is RESTRICTED if it does NOT fall into any non-restricted category above. Most multi-unit residential rentals and most non-owner-occupied properties are restricted.

Key authority — AIMCO Properties, LLC v. Dziewisz, 152 N.H. 587 (2005): Lapse of a lease term alone is not "other good cause" under RSA 540:2, II(e); a landlord must invoke one of the substantive enumerated grounds.

2. STATUTORY NOTICE PERIODS

The notice period runs from the day after completed service. The terminal date should be no earlier than the next rent due date after the period expires; landlords typically tie the termination to the end of a rental period for clarity.

3. PART A — OWNER-OCCUPANCY / FAMILY-OCCUPANCY TERMINATION (RESTRICTED)

Use this version when the landlord, or an immediate family member, will move into the unit as a primary residence.

STATE OF NEW HAMPSHIRE

NOTICE TO QUIT — OWNER OR FAMILY OCCUPANCY

Pursuant to RSA 540:2, II(f) 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(f) — the landlord (or an immediate family member of the landlord) intends in good faith to occupy the premises as the landlord's (or family member's) primary residence.

FACTUAL BASIS (specificity required):

• 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 but not limited to retaliation (RSA 540:13-a) and discrimination (RSA 354-A).

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

______________________________________
[LANDLORD OR AUTHORIZED AGENT]

4. PART B — SALE / REHABILITATION TERMINATION (RESTRICTED)

Use this version when the landlord is selling to a buyer who will not continue the rental, or undertaking substantial rehabilitation requiring vacancy, or removing the unit from the rental market.

STATE OF NEW HAMPSHIRE

NOTICE TO QUIT — SALE / REHABILITATION / WITHDRAWAL FROM RENTAL MARKET

Pursuant to RSA 540:2, II(g) or (h) 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 (check one):

☐ RSA 540:2, II(g) — 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 [__/__/____].

☐ RSA 540:2, II(h) — Substantial rehabilitation of the property requiring vacancy of the premises, or permanent removal of the unit from the rental market.

FACTUAL BASIS (specificity required):

For sale (g):

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

For rehabilitation / withdrawal (h):

• 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 — NON-RESTRICTED PROPERTY NO-CAUSE TERMINATION

Use this version ONLY for non-restricted property (single-family rentals owned by small landlords; owner-occupied 2–4 unit buildings; etc.).

STATE OF NEW HAMPSHIRE

NOTICE TO QUIT — TERMINATION OF AT-WILL TENANCY

Pursuant to RSA 540:1, RSA 540:1-a, 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 for non-restricted property, specifically (check one):

☐ Single-family home; landlord owns three (3) or fewer such homes used as rentals;
☐ Building of four (4) or fewer units in which the landlord occupies one as primary residence;
☐ Other non-restricted category: [____________________________________________].

Because the property is non-restricted, the good-cause grounds of RSA 540:2, II do not apply, and the landlord terminates the tenancy at the end of the 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. SPECIFICITY AND DOCUMENTATION REQUIREMENTS

For restricted-property terminations under (f), (g), or (h), the landlord must be prepared to prove the asserted ground at the eviction hearing. Maintain documentary evidence including:

• Owner-occupancy (f): 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 (g): Executed purchase-and-sale agreement; deposit receipt; buyer affidavit of intended use; closing statement when available.
• Rehabilitation (h): Building permits, contractor proposals, scope-of-work documentation, financing or construction-loan commitments, structural-engineering reports.
• Withdrawal from market (h): Documentation of conversion (e.g., to short-term-rental ban compliance, conversion to non-rental use, demolition permits).

Failure to introduce such evidence at hearing typically results in dismissal of the possessory action.

7. METHOD OF SERVICE (RSA 540:5)

Serve by:

☐ Personal delivery;
☐ Substitute service on a person of suitable age/discretion at the premises;
☐ Posting and first-class mailing;
☐ Certified mail, return receipt requested.

Best practice: Sheriff/constable plus certified mail.

8. AFFIDAVIT / PROOF OF SERVICE

STATE OF NEW HAMPSHIRE
COUNTY OF [_______________]

I, [SERVER NAME], being duly sworn, 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 with [NAME], person of suitable age/discretion at the premises;
☐ Posting and first-class mailing;
☐ Certified mail, USPS tracking no. [________________].

______________________________________
[SERVER SIGNATURE / TITLE]

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

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

9. 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 non-restricted exemptions, the landlord must prove a good-cause ground under RSA 540:2, II.
   - 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 — under RSA 354-A:10 (race, color, religion, marital status, familial status, age, sex, sexual orientation, gender identity, national origin, ancestry, disability, source of lawful income) and the federal Fair Housing Act.
   - Pretext — the landlord's stated good-cause ground is not genuine (e.g., owner-occupancy claim followed by re-renting to a third party).
   - Defective notice — vague allegations, missing information, 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 exposes the landlord to treble damages.

10. 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.
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, a longer notice (e.g., 60–90 days) reduces the perception of retaliation.
5. Offer relocation assistance where the landlord's reason (rehabilitation, withdrawal) implicates large displacement; some local ordinances (Manchester, Concord) require it.
6. Refrain from rent increases during the notice period, and accept rent without prejudice (with written non-waiver letter).

11. LANDLORD PRE-SERVICE CHECKLIST

☐ Property classification confirmed under RSA 540:1-a (this is the single most important step).
☐ For restricted property, a substantive RSA 540:2, II ground identified and documented.
☐ Notice period (30 days minimum; 60 days for lease ≥12 months at lapse post-7/1/2026) calculated.
☐ Termination date aligned with end of rent period for clarity.
☐ Lead-paint disclosure given at lease inception (RSA 130-A).
☐ No tenant complaint, code-enforcement contact, or RSA 540-A action within six (6) months.
☐ Tenant not in protected class such that timing implies discrimination; criteria applied uniformly.
☐ Documentary evidence of asserted ground assembled.
☐ Sheriff or constable reserved; certified mail prepared.

12. NEW HAMPSHIRE PRACTICE NOTES

1. Do not rely on lapse-of-term alone for restricted property prior to July 1, 2026. AIMCO Properties, LLC v. Dziewisz, 152 N.H. 587 (2005), forecloses that argument.
2. 2024–2026 amendments. Verify current text of RSA 540:2, II at gc.nh.gov; HB 1115 (2024) attempted to add lapse-of-term as a ground and was sent to interim study; subsequent legislation should be reviewed.
3. 60-day notice for long leases. A 2024 amendment to RSA 540:2 provides that, for leases of 12 months or longer expiring on or after July 1, 2026, the landlord may terminate by giving 60 days' written notice — verify enacted text.
4. Pretext exposure. A landlord who cites owner-occupancy or sale and then re-rents shortly thereafter is exposed to a wrongful-eviction claim; some advocates assert a private cause of action.
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).
6. Subsidized housing. Section 8 vouchers, public housing, and LIHTC properties are subject to additional good-cause requirements under federal regulation; HUD Notice PIH 2024-X and similar.
7. Domestic violence. A no-cause termination cannot be used as a workaround to evict a victim — RSA 540:11-b safe harbor.
8. Acceptance of rent during notice period. Use a written non-waiver letter; depositing without reservation may waive the termination.
9. Vacation/short-term rentals governed by RSA 540-C.
10. Shared facilities (roommate) governed by RSA 540-B.

13. SOURCES AND REFERENCES

• RSA Chapter 540: https://gc.nh.gov/rsa/html/lv/540/540-mrg.htm
• RSA Chapter 540-A: https://gc.nh.gov/rsa/html/lv/540-A/540-A-mrg.htm
• RSA Chapter 354-A: https://gc.nh.gov/rsa/html/xxxi/354-a/354-a-mrg.htm
• NH Judicial Branch — Landlord/Tenant: https://www.courts.nh.gov/our-courts/circuit-court/district-division/landlordtenant
• NH Law Library — Residential Evictions: https://courts-state-nh-us.libguides.com/evictions
• AIMCO Properties, LLC v. Dziewisz, 152 N.H. 587 (2005).
• Horton v. Clemens, 173 N.H. 480 (2020).
• Kline v. Burns, 111 N.H. 87 (1971): https://law.justia.com/cases/new-hampshire/supreme-court/1971/6051-0.html
• HB 1115 (2024): https://legiscan.com/NH/text/HB1115/id/2852312
• 603 Legal Aid: https://www.603legalaid.org
• NH Legal Assistance: https://www.nhla.org
• New Hampshire Bulletin coverage of HB 1115: https://newhampshirebulletin.com/2024/04/04/lawmakers-advance-bill-allowing-landlords-to-evict-at-end-of-lease/

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