Eviction laws in New Hampshire vary from county to county, but still follow the same general eviction process: Does my landlord have to use a specific legal form for the eviction notice? The landlord must provide a strong argument supported by strong evidence against the tenant. If the tenant doesn`t show up for the hearing, the landlord wins by default. No. Your landlord can have the eviction notice delivered to anyone. A sheriff, property manager, lawyer, the landlord`s spouse or landlord can hand it over to you or leave it at or near your door. Is a sheriff the only person authorized to serve an eviction notice? RSA 540-A:5 defines the legal relationship between landlords and tenants so that both are treated fairly. It applies to all tenants except: If the leased property is not covered by RSA 540-A:5, the rental conditions govern the landlord-tenant relationship. No. A landlord could be sued for forcibly evicting a tenant if they skip the proper eviction processes.

Legal proceedings are necessary. A tenant must be relocated if there are hazardous materials in the rental unit that could affect their health. If the landlord and tenant reach an agreement before an order to take possession is made, the whole process is stopped. If the judge rules in favor of the tenant, the landlord has 7 days to appeal the judgment, and vice versa. In the state of New Hampshire, a response from the tenant is required for a hearing date to be set. It takes place 10 days after the tenant appears in court. Under certain conditions, tenants can stop paying rent to force the landlord to comply with health rules or RSA 48-A (see RSA 540:13-c and -d). Since non-payment of rent can be grounds for eviction, tenants need expert legal advice before withholding rent. The New Hampshire Consumer Protection Bureau would refer all tenants who consider taking this action to New Hampshire Legal Assistance or a private lawyer for help. I`m pretty sure my landlord is the kind of landlord who needs permission from a judge before I can be legally evicted.

But my landlord is not following the eviction steps you described. What can I do to make my landlord comply with the law? A landlord asked me to pay for a tenant check or background check. Is this allowed? The landlord can proceed with the eviction process if the tenant refuses to leave after the 7-day grace period. A judicial officer delivers the court order, also known as the eviction hearing and prosecution summons, to the tenant. No. Once your landlord has filled out the landlord and tenant in court, the warrant must then be taken to the county sheriff`s office. A sheriff will then come to your home and hand over the landlord and tenant or leave them at or near your door. Leases are important legal documents that govern the rights and obligations of tenants of any type of housing. Leases are usually prepared by the owners. The terms of the lease are therefore often written in favour of the landlord. A potential tenant should read the lease carefully before signing it.

A lease is a legally binding contract, so the tenant must understand and agree to the terms of the lease. A potential tenant should know who is paying for hot water, utilities, parking, snow removal, garbage disposal and other costs before signing the lease. If the landlord and tenant agree to change something in the printed lease, the change must be made in writing and the tenant and landlord must initial next to the change. All promises to repair the rented property must be made in writing. Keep a copy of the lease so you can refer to it if something goes wrong. New Hampshire law requires the landlord to provide the tenant with a copy of the lease within 30 days of signing. Tenants should always receive receipts for what they pay to the landlord (although cancelled cheques are often enough to prove payment). The tenant is entitled to a receipt for the deposit. The receipt must indicate the bank where the deposit is held or indicate that a deposit is deposited with the City Clerk, and it must be stated that the tenant has five (5) days to provide the landlord with a list of defects and damages in the apartment when they moved in. If the deposit is held for more than 12 months, the owner must pay at least the amount of interest they actually earned on the money.

In New Hampshire, the landlord cannot evict a tenant or force them to leave the property without a probable reason. As long as the tenant does not violate any rules, he can stay until the end of his rental period. At NHPR, we spoke to tenants, participated in eviction hearings, and discussed the issues many people face when trying to get a roof over their heads. The landlord cannot break into the apartment, cannot take out a tenant`s belongings, and cannot turn off the heating and utilities. The sheriff is the only person authorized to remove property from the premises, and this can only happen after the owner has obtained a court order called an “order of possession” (RSA 540-A:3, III-IV). It is illegal for your landlord to evict you because you reported a serious breach of the Code. It is also illegal for them to evict you because you have legally withheld the rent (more on this below) or to arrange with other tenants. Click here for more information about your right to talk about issues with your home and the protections you have against retaliation. If you think you will get reprisal, you can also contact Legal Aid 603 at 800-639-5290 or 603-224-3333 for help.

In almost every state in the United States, a landlord can never try to force a tenant to leave the rental unit. Only after the landlord wins the case can the tenant be evicted from the property. Even then, the only person authorized to evict the tenant is a sheriff or police officer. New Hampshire law has made it illegal for a landlord to personally remove the tenant from the rental unit. If a tenant violates the terms of the lease, the landlord must issue a 30-day notice. The landlord is not required by law to allow the tenant to remedy the violation before giving the landlord the notice. If the tenant does not appear in court, a default judgment may be rendered in favour of the landlord. If your landlord tries to evict you for non-payment and you can prove that you withheld your rent under the above conditions, the court may postpone the hearing to give the landlord time to make repairs and possibly reject the eviction.

Further information can be found on our Withholding Tax page. A tenant can be evicted in New Hampshire if they refuse to temporarily vacate the rental unit so that the landlord can address the risk of lead paint on the property. A judge can give you up to a maximum of 90 additional days at home, even if you lost the eviction hearing. You are responsible for paying rent to your landlord during a discretionary stay granted by the judge. It is also advisable for a landlord to check the deposit laws. These deposits protect the landlord in the event that tenants violate the terms of the lease or fail to pay rent. A landlord is responsible for providing their tenants with a safe and hygienic apartment. In New Hampshire, building codes set standards for building construction and maintenance, including fire hazard protection. Housing regulations set standards for adequate lighting, air, heat, ventilation, plumbing and space for tenants.

A tenant can contact the local housing authority to find out if the apartment they live in meets the applicable requirements. The essential end of the New Hampshire legal eviction process is when a sheriff shows up at your door with the possession order and orders you out. You only have to leave if a sheriff orders you to leave. Another consequence of eviction is that the law allows tenants to remain on the property and pay their legal and legal fees. The Social Welfare Office will announce further details. This is valid grounds for eviction if: If the tenant vacates a rental unit, the landlord has thirty (30) days to refund the entire security deposit plus interest, if applicable, or send a written statement of any deduction from the deposit for repairs, cleaning, etc. the cost of each repair (supported by copies of receipts, quotes, contracts, etc.) and the balance of the deposit (RSA 540-A:7). The tenant must inform the landlord of their new address within 30 days of moving.

The notification must be in writing, but it does not have to be formal. New Hampshire law requires landlords to provide safe and hygienic housing for tenants. A state law RSA 48-A:14 sets minimum standards for rental properties. A landlord can only legally evict a tenant by sending a written notice to the tenant. This written notice must take the form of a “written notice of termination or resignation,” which is a legal document. Eviction for non-payment of rent, property damage or endangering the health or safety of others requires seven days` notice. All other grounds for deportation require 30 days` notice. You may also be able to avoid eviction if you qualify for emergency rent assistance, so get help as soon as possible. Once you`ve asked for help, let your landlord know.