For tenants and landlords in New Hampshire, understanding eviction laws and tenant rights can often feel confusing and stressful. Whether it’s figuring out how much notice is required before eviction, exploring whether tenants can withhold rent, or learning about rental assistance programs, these are important topics that affect housing stability.
This post aims to provide clear, straightforward answers to some of the most common questions about New Hampshire's eviction laws. It explains the legal process, highlights tenant protections, and offers guidance on how rental assistance programs can prevent eviction. For anyone facing housing issues, understanding these laws can make a significant difference in securing or maintaining a place to call home. However, for the most accurate and up-to-date legal advice, always consult with a legal expert.
What Are the Legal Reasons for Eviction in New Hampshire?
Evictions are never easy, whether you're a landlord or a tenant. In New Hampshire, the laws around evictions are designed to protect both parties by ensuring that the process is fair and based on legitimate reasons. In this post, we'll cover the legal reasons for eviction in New Hampshire in a simple and friendly way, helping you understand what’s allowed under state law.
1. Non-Payment of Rent
The most common reason for eviction in New Hampshire is non-payment of rent. If a tenant fails to pay rent on time, the landlord can issue a 7-day notice to quit. This notice gives the tenant seven days to pay the overdue rent or vacate the property. However, if the tenant pays within that time frame, the eviction process is stopped. This reason is considered a "curable" offense, meaning it can be remedied if the tenant resolves the issue ​(New Hampshire Judicial Branch)​(Legal Templates).
2. Violation of Lease Terms
Tenants are required to follow the terms of their lease. Violations such as unauthorized pets, subletting without permission, or damaging the property are grounds for eviction. In these cases, the landlord must provide a 30-day notice, allowing the tenant time to fix the issue or move out. If the tenant corrects the violation during this period, the eviction may be avoided​(New Hampshire Judicial Branch)​(Legal Templates).
3. Illegal Activity
If a tenant engages in illegal activity on the property, such as drug-related crimes or violence, the landlord can issue a 7-day notice to quit without giving the tenant an opportunity to correct the problem. Illegal activity is considered an "incurable" offense, meaning that once it occurs, the eviction process can proceed​ (Legal Templates)​(iPropertyManagement.com).
4. Health and Safety Violations
Tenants must maintain a safe and sanitary living environment. If a tenant’s actions create health or safety risks—for example, by hoarding or improperly disposing of trash—the landlord can issue a 7-day notice to quit. This is another incurable offense if the behavior seriously threatens the health and safety of others​(iPropertyManagement.com).
5. Lease Expiration or No-Fault Evictions
Sometimes, landlords need to end a tenancy after the lease has expired, or they may want to sell the property or repurpose it. In these cases, a landlord can issue a 30-day notice to terminate the lease. It’s important to note that New Hampshire law prohibits landlords from evicting tenants in retaliation or for discriminatory reasons​(iPropertyManagement.com).
6. Refusal to Allow Repairs or Access
Landlords are legally allowed to access the property for necessary repairs or inspections, provided they give reasonable notice. If a tenant repeatedly refuses to allow this access, the landlord may have grounds for eviction. Typically, this falls under lease violations, and a 30-day notice would apply​(iPropertyManagement.com).
How Long Does the Eviction Process Take in New Hampshire?
Evictions in New Hampshire can be a stressful process, and knowing how long it might take can help both tenants and landlords prepare. The timeline for an eviction can vary depending on several factors, including the reason for the eviction, court availability, and whether the tenant chooses to contest it. Here’s a breakdown of how long the eviction process generally takes in New Hampshire:
1. Notice Period
The first step in any eviction process is serving an eviction notice to the tenant. The length of this notice depends on the reason for the eviction:
Non-payment of rent: A landlord must provide a 7-day notice, giving the tenant a week to pay the overdue rent or move out.
Lease violations: For issues like unauthorized pets or property damage, a 30-day notice is typically required, giving the tenant time to correct the violation or vacate the property.
2. Court Filing and Hearing
If the tenant does not resolve the issue within the notice period, the landlord can file a Landlord and Tenant Writ with the local court. After filing, the court typically schedules a hearing within 10 days of the tenant’s response, although this can vary based on court availability. If the tenant doesn’t respond, the court may issue a default judgment in favor of the landlord, speeding up the process ​(iPropertyManagement.com)​(Hemlane).
3. Issuance of a Writ of Possession
If the landlord wins the court hearing, the judge will issue a writ of possession, which allows law enforcement to remove the tenant. This writ is generally issued 5 to 7 days after the court ruling, depending on whether the tenant appeals or requests a delay​(DoorLoop)​(Steadily | Landlord Insurance).
4. Final Eviction
Once the writ of possession is issued, the sheriff typically enforces the eviction. This final step can happen within 5 to 7 days, but it may be delayed if the tenant seeks additional time to move out or files an appeal. In some cases, tenants may request a stay of execution, which can delay the eviction for up to 3 months under certain circumstances​(
iPropertyManagement.com)​(Steadily | Landlord Insurance).
Overall Timeline
In total, the eviction process in New Hampshire typically takes 1 to 2 months from start to finish, assuming no major delays or appeals. However, if the tenant contests the eviction or court schedules are slow, it could take longer​ (DoorLoop)​(iPropertyManagement.com).
Understanding this timeline can help landlords and tenants navigate the eviction process more smoothly. If you're facing an eviction, it's always a good idea to seek legal advice to ensure your rights are protected.
Can a Landlord Evict a Tenant Without a Reason in New Hampshire?
In New Hampshire, a landlord cannot evict a tenant without a legal reason. Eviction is a formal process governed by state laws, and landlords must have a valid, legal cause to begin this process. Common reasons for eviction include non-payment of rent, lease violations, or illegal activities on the property. Without a justifiable reason, an eviction cannot proceed​ (iPropertyManagement.com)​(iPropertyManagement.com).
Legal Grounds for Eviction
To legally evict a tenant, New Hampshire landlords must provide specific grounds, such as:
Non-Payment of Rent: A 7-day notice is required, giving the tenant time to pay any overdue rent or vacate the property.
Lease Violations: If the tenant violates the terms of their lease, such as having unauthorized pets or causing property damage, the landlord must give a 30-day notice.
Illegal Activity: Immediate action can be taken if the tenant is engaged in criminal activities on the premises​ (DoorLoop)​(Upsolve).
No-Fault Evictions
If a landlord wants a tenant to vacate at the end of their lease, they can issue a notice to terminate the tenancy without cause, as long as they provide proper notice. In most cases, this would be a 30-day notice for a month-to-month lease. However, the landlord cannot evict tenants as a form of retaliation or discrimination​(
Upsolve).
In summary, landlords must follow New Hampshire's eviction process carefully, and evictions without a valid reason are not permitted by law. If you're facing an eviction or considering it as a landlord, it's important to ensure that you're complying with all legal requirements to avoid complications.
What Are the Eviction Notice Requirements in New Hampshire?
In New Hampshire, landlords must follow specific legal procedures when evicting a tenant, and the type of notice required depends on the reason for eviction. These notices ensure that tenants are given appropriate time to either resolve the issue or vacate the property. Here’s a breakdown of the key eviction notice requirements:
1. 7-Day Notice for Non-Payment of Rent
If a tenant fails to pay rent on time, the landlord can issue a 7-day notice to quit. This gives the tenant seven days to pay the overdue rent or move out. If the tenant pays the rent in full within this period, the eviction process stops. If not, the landlord can proceed with filing for eviction​ (iPropertyManagement.com)​(Hemlane).
2. 7-Day Notice for Health and Safety Violations
For serious lease violations, such as creating health and safety hazards or engaging in illegal activity, landlords can issue a 7-day notice. This is used when the tenant’s behavior poses a significant risk to the property or other residents​(iPropertyManagement.com).
3. 30-Day Notice for Lease Violations
For other types of lease violations, such as unauthorized pets or failure to maintain the property, the landlord must issue a 30-day notice to comply or vacate. The tenant has 30 days to correct the violation. If the issue isn’t resolved within that time, the landlord can file for eviction​ (iPropertyManagement.com).
4. 30-Day Notice for Ending a Month-to-Month Lease
For tenants on a month-to-month lease, a landlord can terminate the lease without cause by providing a 30-day notice. This applies to situations where the landlord simply wants to end the tenancy and is not evicting the tenant for any specific violation​(Legal Templates).
How Notices Are Served
Landlords in New Hampshire can serve eviction notices by personally delivering the notice to the tenant or by leaving the notice at the tenant’s residence. It’s important to keep proof of service, such as a signed acknowledgment or photo of the notice at the residence​(iPropertyManagement.com).
Understanding these notice requirements helps both landlords and tenants stay within the legal framework and avoid unnecessary complications. If you’re facing eviction or considering it as a landlord, it’s crucial to follow these steps to ensure compliance with New Hampshire law.
How Much Notice Does a Landlord Have to Give to Evict a Tenant in New Hampshire?
In New Hampshire, the amount of notice a landlord must give before evicting a tenant depends on the reason for the eviction. Evictions must follow specific legal procedures to ensure that tenants are given adequate time to either address the issue or vacate the property. Let’s break down the required notice periods for the most common situations.
1. Non-Payment of Rent – 7-Day Notice
If a tenant fails to pay rent on time, the landlord can issue a 7-day notice to quit. This notice gives the tenant seven days to pay the overdue rent or leave the property. If the tenant pays the full amount within the 7-day period, the eviction process is halted. If not, the landlord can proceed with filing for eviction in court​ (iPropertyManagement.com)​(Legal Templates).
2. Lease Violations – 30-Day Notice
For lease violations, such as unauthorized pets or damage to the property, the landlord must provide a 30-day notice to comply or vacate. This notice gives the tenant 30 days to correct the violation or move out. If the tenant fails to address the issue within the given time, the landlord can then pursue eviction​ (iPropertyManagement.com).
3. Health and Safety Violations – 7-Day Notice
If the tenant’s actions create significant health or safety risks (such as illegal activity or hazardous conditions), the landlord can issue a 7-day notice. In these cases, the tenant must vacate the property within 7 days, and no option to remedy the situation is given​(iPropertyManagement.com)​(Legal Templates).
4. Ending a Month-to-Month Lease – 30-Day Notice
For tenants with a month-to-month lease, the landlord can end the tenancy without cause by providing a 30-day notice. This applies if the landlord simply wants to terminate the lease and does not need to cite any specific reason or violation​(Hemlane).
How to Serve an Eviction Notice
In New Hampshire, eviction notices must be served either by hand delivery or left at the tenant’s residence. Keeping proof of service, such as a signed acknowledgment or a photo, is essential in case the eviction process goes to court​ (iPropertyManagement.com).
What Happens After an Eviction Notice Is Served in New Hampshire?
Receiving an eviction notice can be stressful, but understanding what happens next can help both tenants and landlords navigate the process more smoothly. In New Hampshire, the eviction process follows specific legal steps to ensure that both parties are treated fairly. Here’s a concise breakdown of what to expect after an eviction notice is served.
1. Responding to the Eviction Notice
Once a tenant receives an eviction notice, they typically have a short window of time to respond or correct the issue. The amount of time depends on the reason for the eviction:
Non-payment of rent: The tenant has 7 days to pay the overdue rent in full or vacate the property.
Lease violations: The tenant usually has 30 days to fix the violation, such as removing unauthorized pets or making repairs​ (Hemlane)​(iPropertyManagement.com).
If the tenant resolves the issue within the given period, the eviction process stops. However, if the tenant fails to respond or comply, the landlord can move forward with legal action.
2. Filing an Eviction Lawsuit
If the tenant does not resolve the issue or vacate the property, the landlord can file an eviction lawsuit, known as a Landlord and Tenant Writ, in the local Circuit Court. This writ officially begins the legal eviction process​ (Legal Templates).
The court will schedule a hearing where both parties have the opportunity to present their case. The tenant will receive a summons and must respond by a specified date, typically within 7 days. If the tenant does not respond or attend the hearing, the court may issue a default judgment in favor of the landlord​ (iPropertyManagement.com).
3. Court Hearing and Judgment
At the court hearing, the landlord and tenant will present evidence and arguments. If the judge rules in favor of the landlord, a writ of possession is issued. This writ gives the landlord legal authority to reclaim the rental property. The tenant is typically given 5 to 7 days to vacate the property voluntarily​ (iPropertyManagement.com)​(iPropertyManagement.com).
4. Enforcement of the Eviction
If the tenant still does not leave after the court ruling, the landlord can have the writ of possession enforced by local law enforcement. The sheriff will physically remove the tenant and ensure that the landlord regains possession of the property​ (Hemlane). Any belongings left behind by the tenant must be stored by the landlord for at least 7 days, giving the tenant a chance to reclaim their items​ (Legal Templates).
5. Tenant’s Rights to Appeal
Tenants have the right to appeal the court’s decision, usually within 7 days of the judgment. However, the tenant must present valid legal grounds for the appeal. During this time, the eviction process may be delayed, depending on the specifics of the case​ (iPropertyManagement.com).
After an eviction notice is served in New Hampshire, tenants have the opportunity to resolve the issue and stay in their home. If the issue remains unresolved, landlords can proceed with legal action, leading to a court hearing and potential removal of the tenant. Understanding the timeline and process can help both parties manage expectations and avoid unnecessary complications.
If you’re dealing with an eviction, seeking legal advice or assistance from local resources can provide clarity and guidance through each step of the process.
Can I Be Evicted During the Winter in New Hampshire?
If you're a tenant in New Hampshire and facing eviction during the winter months, you might wonder if the colder weather provides any additional protections. The short answer is: yes, you can be evicted during the winter in New Hampshire, but there are important legal procedures that must be followed, and tenants do have certain rights.
No Seasonal Protections in New Hampshire
Unlike some states that have winter eviction bans, New Hampshire does not have laws specifically preventing landlords from evicting tenants during the winter months. This means that evictions can occur at any time of year, as long as the proper legal procedures are followed​ (iPropertyManagement.com)​(iPropertyManagement.com).
Eviction Process in Winter
The eviction process during winter follows the same steps as any other time of year:
Issuing the Eviction Notice: The landlord must provide the appropriate notice depending on the reason for the eviction:
7-day notice for non-payment of rent.
30-day notice for lease violations or ending a month-to-month lease​ (Legal Templates)​(iPropertyManagement.com).
Filing an Eviction Lawsuit: If the tenant does not comply with the notice, the landlord can file for eviction in court, and a hearing will be scheduled.
Court Hearing: The judge will decide whether the tenant can remain or must leave. If the landlord wins, a writ of possession will be issued.
Enforcement by Sheriff: If the tenant does not vacate after the court ruling, the sheriff may remove the tenant from the property​ (iPropertyManagement.com)​(iPropertyManagement.com).
Tenant Rights and Protections
While winter doesn't provide special eviction protections, tenants in New Hampshire still have rights. Evictions cannot be carried out without following proper legal steps, and tenants are entitled to a court hearing where they can present their case. Additionally, landlords cannot evict tenants as retaliation for complaints or for discriminatory reasons​(iPropertyManagement.com)​(iPropertyManagement.com).
Options for Tenants Facing Eviction
If you're facing eviction during the winter, it's important to know your options:
Communication with the Landlord: Sometimes, working out a payment plan or addressing lease violations directly with the landlord can prevent the eviction from proceeding.
Rental Assistance: There are programs that provide emergency rental assistance to help tenants avoid eviction, especially in times of financial hardship.
Legal Assistance: Consulting with a tenant rights attorney or local legal aid can help you understand your rights and possibly delay or stop the eviction process​ (iPropertyManagement.com)​(iPropertyManagement.com).
In conclusion, yes, you can be evicted during the winter in New Hampshire, but the process remains the same throughout the year. Tenants still have legal rights, including the opportunity to resolve issues and present their case in court. If you're worried about eviction, consider reaching out to local resources for help and guidance.
Understanding the eviction process and your rights as a tenant can make all the difference in protecting your home, no matter the season.
What Are My Rights as a Tenant During Eviction in New Hampshire?
Facing eviction can be stressful, but tenants in New Hampshire have specific legal rights designed to protect them throughout the process. Understanding these rights can help you navigate an eviction more effectively and ensure that you are treated fairly under the law. Here's an overview of your rights as a tenant during eviction in New Hampshire.
1. Right to Proper Notice
Landlords must follow strict legal procedures when evicting a tenant. This includes providing an official eviction notice. Depending on the reason for eviction, you are entitled to:
7-day notice for non-payment of rent.
30-day notice for lease violations or ending a month-to-month tenancy​ (Hemlane)​(
Legal Templates). If you do not receive proper notice, the eviction may be invalid.
2. Right to Contest the Eviction
As a tenant, you have the right to contest the eviction in court. Once you receive a summons after the landlord files for eviction, you must file an appearance with the court, signaling that you want a hearing. If you fail to respond, the court may issue a default judgment in favor of the landlord​ (iPropertyManagement.com).
At the hearing, you can present evidence to defend yourself, such as proof of rent payments or that the landlord did not follow proper legal procedures. Common defenses include improper notice or retaliatory eviction​ (iPropertyManagement.com).
3. Right to Safe and Habitable Living Conditions
Even during the eviction process, landlords are required to maintain the rental property in a safe and habitable condition. If you are being evicted for withholding rent due to unsafe living conditions (such as lack of heat or unresolved maintenance issues), you have the right to present this as a defense in court​ (iPropertyManagement.com).
4. Right to Appeal
If the court rules in favor of the landlord, you still have the right to appeal the decision. In New Hampshire, appeals must be filed within 7 days of the court's ruling. This could delay the eviction and give you more time to resolve the issue or explore other options​ (iPropertyManagement.com).
5. Right to Fair Treatment
New Hampshire laws protect tenants from discriminatory or retaliatory evictions. A landlord cannot evict you for reporting code violations, demanding necessary repairs, or other lawful actions you may take as a tenant. If you believe the eviction is retaliatory, you can raise this defense during the eviction hearing​ (iPropertyManagement.com).
6. Right to Reclaim Personal Property
If you are evicted and leave belongings behind, your landlord must store your items for at least 7 days, giving you the opportunity to reclaim them. After that period, the landlord can dispose of the items in accordance with state laws​ (Legal Templates)​(Hemlane).
Understanding your rights as a tenant during eviction in New Hampshire can make a challenging situation more manageable. You have the right to proper notice, the ability to contest the eviction in court, and protections from unsafe living conditions or retaliatory actions by your landlord. If you are facing eviction, it’s important to seek legal advice or assistance from local resources to ensure that your rights are fully protected.
For more information on eviction laws in New Hampshire, consider reaching out to local legal aid services or consulting state resources.
Can a Landlord Change the Locks Without Notice in New Hampshire?
If you're renting in New Hampshire, you might wonder whether your landlord can change the locks without giving you notice. The short answer is: No, a landlord cannot legally change the locks without following the proper legal procedures. In New Hampshire, tenants are protected by laws that ensure a fair eviction process, and lock changes without notice or a court order are generally considered illegal.
1. Illegal Lockouts
New Hampshire law protects tenants from self-help evictions, which include actions like changing the locks without a court order. This means that your landlord cannot lock you out of your rental unit as a way to force you out. Instead, landlords must go through the legal eviction process, which involves giving proper notice, filing an eviction lawsuit, and obtaining a court-ordered writ of possession​ (iPropertyManagement.com)​(iPropertyManagement.com).
2. What to Do If You’re Locked Out
If your landlord changes the locks without notice or a court order, this is considered an illegal eviction. You can take legal action by:
Contacting local law enforcement to report the illegal lockout.
Filing a complaint with the New Hampshire Circuit Court to seek legal protection and potentially recover any damages​ (iPropertyManagement.com).
3. The Legal Eviction Process
To legally remove a tenant, the landlord must:
Serve the tenant with the appropriate eviction notice (7 days for non-payment of rent, 30 days for lease violations or termination of a month-to-month lease).
File for an eviction lawsuit in court if the issue is not resolved.
Obtain a writ of possession from the court, which legally authorizes the landlord to regain control of the property​ (Hemlane)​(Legal Templates).
4. Exceptions for Emergencies
There may be rare cases where a landlord can enter the property without notice, such as during emergencies (e.g., fire, flooding, or immediate risk to health and safety). However, even in these situations, the landlord cannot change the locks to prevent you from accessing your home​ (iPropertyManagement.com).
In New Hampshire, landlords are prohibited from changing the locks without following the proper legal eviction process. If you're locked out illegally, it's important to know your rights and take appropriate action. Always remember that eviction requires notice, a court order, and the involvement of law enforcement—not a change of locks without your knowledge.
For more detailed information or legal assistance, consider reaching out to local legal aid services or tenant advocacy organizations.
How Much Does It Cost to Evict a Tenant in New Hampshire?
Evicting a tenant in New Hampshire can be a lengthy and expensive process. Understanding the costs involved can help landlords prepare and avoid unexpected expenses. The total cost of an eviction depends on several factors, including court fees, legal representation, and potential lost rent. Here’s a breakdown of the typical expenses landlords can expect when evicting a tenant in New Hampshire.
1. Court Filing Fees
The first step in the eviction process is filing an eviction lawsuit, which is known as a Landlord and Tenant Writ. In New Hampshire, the court filing fee typically ranges between $125 and $150, depending on the specifics of the case and location​ (Hemlane)​(iPropertyManagement.com).
2. Service Fees
After filing the eviction case, the landlord must serve the tenant with a summons and complaint. This is usually done by a sheriff or process server. The cost for serving these legal documents is typically around $30 to $50 per service​ (iPropertyManagement.com)​(Hemlane).
3. Attorney Fees
While landlords are not required to hire an attorney, legal representation can help ensure that the process goes smoothly and complies with state laws. Attorney fees vary, but they can range from $500 to $3,000 or more, depending on the complexity of the case and the attorney’s rates​ (iPropertyManagement.com).
4. Lost Rent
One of the biggest costs landlords face during an eviction is lost rental income. During the eviction process, which can take anywhere from 1 to 2 months, landlords may not receive rent payments. This lost income can add up quickly, especially if the tenant has not been paying rent for several months before the eviction process begins​ (Hemlane).
5. Property Damage and Turnover Costs
In some cases, tenants may leave behind property damage that needs to be repaired before the unit can be rented again. Landlords may also incur costs for cleaning, repairs, and marketing the unit to new tenants. These turnover costs can range from $200 to $2,000 or more, depending on the condition of the property​ (iPropertyManagement.com)​(Hemlane).
6. Sheriff Fees for Enforcement
If the court rules in favor of the landlord and issues a writ of possession, the landlord may need to pay sheriff fees to enforce the eviction. This typically costs an additional $50 to $150, depending on the county​ (Legal Templates).
Total Estimated Costs
Here’s a quick summary of the typical costs involved in evicting a tenant in New Hampshire:
Court filing fees: $125–$150
Service fees: $30–$50
Attorney fees: $500–$3,000+
Lost rent: Varies (1–2 months or more of rent)
Turnover costs (repairs, cleaning): $200–$2,000+
Sheriff fees for enforcement: $50–$150
The cost of evicting a tenant in New Hampshire can vary depending on the specifics of the situation, but it’s important for landlords to be prepared for these expenses. While eviction is sometimes necessary, maintaining open communication with tenants and addressing issues early may help landlords avoid the costly eviction process.
If you are considering evicting a tenant, it's a good idea to seek legal advice to ensure that the process is handled correctly and that your rights as a landlord are protected.
Can a Tenant Withhold Rent to Prevent Eviction in New Hampshire?
In New Hampshire, tenants can legally withhold rent, but only under certain conditions related to the habitability of the rental unit. Specifically, if the property has serious health or safety violations that make it unfit to live in, tenants may have the right to withhold rent until the issues are resolved.
Requirements for Withholding Rent
According to New Hampshire law, tenants may withhold rent if:
The rental unit is in substantial violation of health and safety standards as defined by local codes or RSA 48-A.
The tenant has provided written notice of the issue to the landlord while rent is fully paid up.
The landlord fails to fix the problem within 14 days after receiving notice (or sooner in cases of emergency).
The tenant did not cause the problem and did not block necessary repairs​ (Welts, White & Fontaine, P.C.)​(iPropertyManagement.com).
How Rent Withholding Works
If these conditions are met, the tenant may withhold rent, but they should proceed carefully. Some courts may require the tenant to deposit the withheld rent with the court, rather than keeping it. This ensures that the rent is available once the landlord makes the required repairs​ (Welts, White & Fontaine, P.C.)​(iPropertyManagement.com).
Risks of Withholding Rent
Withholding rent improperly—without following the legal steps—could lead to eviction for non-payment of rent. It is highly recommended that tenants consult a lawyer or legal aid before withholding rent to ensure they meet all legal requirements and avoid risking eviction​ (iPropertyManagement.com).
In conclusion, while withholding rent can be a defense against eviction, it is only allowed in specific situations. Tenants should follow legal procedures carefully and seek professional advice to avoid complications.
Can I Get Evicted for Having Unauthorized Pets in New Hampshire?
Yes, you can be evicted for having unauthorized pets in New Hampshire, but it depends on the specific terms of your lease agreement. Many rental agreements include pet policies that either restrict certain types of pets or ban them entirely. If your lease prohibits pets and you bring an unauthorized pet into the rental unit, this could be considered a lease violation, which can lead to eviction.
Understanding Your Lease Agreement
Before bringing a pet into your rental, it’s important to carefully review your lease agreement. Many leases will have a no-pet policy, or will specify what types of pets (like cats, dogs, or reptiles) are allowed. Even if you’re renting in a pet-friendly building, there may be size, breed, or species restrictions. If you violate these terms by keeping an unauthorized pet, your landlord can issue a 30-day notice to correct the issue (such as removing the pet) or vacate the property​ (iPropertyManagement.com)​(iPropertyManagement.com).
What Happens If You Violate a No-Pet Policy?
If your landlord discovers that you have an unauthorized pet, they will likely issue a notice to comply. This notice typically gives you 30 days to either remove the pet or face eviction. If you don’t comply within the given time, your landlord can proceed with an eviction lawsuit​ (iPropertyManagement.com)​(iPropertyManagement.com).
Emotional Support Animals and Service Animals
There are important exceptions to no-pet policies when it comes to service animals and emotional support animals. Under the Fair Housing Act, landlords are generally required to make reasonable accommodations for tenants with disabilities who have a service animal or an emotional support animal, even if pets are normally prohibited. However, you may need to provide documentation from a medical professional supporting the need for the animal​ (Innago)​(iPropertyManagement.com).
How to Avoid Eviction
If you’re in a situation where you already have an unauthorized pet, it’s best to communicate with your landlord before the issue escalates. You may be able to negotiate a pet addendum to the lease, allowing the pet to stay with some additional terms, like paying a pet deposit or an additional monthly pet fee​ (Innago)​(iPropertyManagement.com).
Having an unauthorized pet in New Hampshire can lead to eviction if it violates your lease agreement. To avoid this, make sure to understand your rental’s pet policy, communicate openly with your landlord, and know your rights if you have a service or emotional support animal. Following these steps can help you stay in your home while keeping your furry friend by your side.
How Does the COVID-19 Pandemic Affect Eviction Laws in New Hampshire?
The COVID-19 pandemic had a significant impact on eviction laws in New Hampshire, especially during the peak of the crisis. Various federal and state-level measures were put in place to help struggling tenants stay in their homes, including eviction moratoriums and emergency rental assistance programs.
Federal Eviction Moratoriums
The Centers for Disease Control and Prevention (CDC) issued a nationwide eviction moratorium starting in September 2020, which prevented landlords from evicting tenants for non-payment of rent. This was done to reduce the spread of COVID-19 by ensuring people had stable housing to comply with health guidelines like social distancing. The moratorium was extended several times and officially ended in July 2021​(New Hampshire Judicial Branch)​(National Low Income Housing Coalition).
During this time, tenants were still responsible for paying rent, and any unpaid amounts accumulated as debt. However, landlords were not allowed to initiate or complete evictions for non-payment of rent. To qualify for protection, tenants had to meet certain income criteria and prove they were unable to pay rent due to pandemic-related hardships​ (New Hampshire Judicial Branch).
New Hampshire-Specific Measures
In addition to the federal protections, New Hampshire took additional steps to assist tenants. The New Hampshire Emergency Rental Assistance Program (NHERAP) was introduced to provide financial relief for tenants and landlords. This program allowed tenants to apply for up to 15 months of rental assistance, which could cover both past and future rent, helping to reduce the risk of eviction​ (New Hampshire Judicial Branch).
The state also saw a temporary halt on evictions, which gave both tenants and landlords time to seek financial assistance. However, after the expiration of federal and state protections, eviction filings began to rise again, with New Hampshire courts preparing to handle the backlog of paused cases​ (National Low Income Housing Coalition).
What Tenants Can Do Now
Although the eviction moratoriums have ended, there are still ways for tenants facing eviction due to COVID-19-related hardships to get help:
Apply for rental assistance programs like NHERAP, which can still provide support for those behind on rent.
Communicate with your landlord about any ongoing difficulties and see if a payment plan or partial rent payment can be negotiated.
Seek legal advice to ensure your rights as a tenant are protected, especially if you believe you were wrongfully evicted or are facing ongoing housing instability due to the pandemic​ (New Hampshire Judicial Branch)​(National Low Income Housing Coalition).
By staying informed and taking proactive steps, tenants can better navigate the challenges of post-pandemic housing insecurity.
What Happens If I Don’t Leave After an Eviction Notice in New Hampshire?
If you’ve received an eviction notice in New Hampshire, it’s important to understand what happens next if you choose not to leave the property. Ignoring the notice won’t stop the eviction process, and it can lead to further legal consequences. Here’s a breakdown of what can happen:
1. Court Filing and Hearing
After the landlord serves an eviction notice—typically a 7-day notice for non-payment of rent or a 30-day notice for lease violations—they can file an eviction lawsuit in court if you don’t comply. You will be served with a summons, which is a legal document that informs you of the eviction hearing date. You must file an appearance with the court if you want to contest the eviction​ (Innago)​(iPropertyManagement.com).
2. Court Judgment
At the hearing, both you and the landlord will present your cases. If the judge rules in favor of the landlord, a writ of possession will be issued. This writ gives the landlord legal permission to take possession of the property. At this point, you will typically have 5 to 7 days to leave the property voluntarily​ (Innago)​(iPropertyManagement.com).
3. Writ of Possession and Sheriff Involvement
If you don’t leave by the time specified in the writ of possession, the landlord can request that the sheriff enforce the writ. The sheriff will arrive at the property to physically remove you from the unit if you are still there. This can be a stressful and expensive process, as you may be responsible for additional legal fees related to the sheriff's involvement​ (Innago).
4. Personal Property
If you are removed from the property by the sheriff, New Hampshire law requires the landlord to store any belongings you leave behind for 7 days, giving you an opportunity to retrieve them. After this period, the landlord may dispose of the property​ (iPropertyManagement.com)​(iPropertyManagement.com).
5. Financial Consequences
If you do not vacate the property after the court’s decision, you may be liable for any additional costs, including court fees, the landlord’s legal expenses, and unpaid rent. The landlord may also seek a money judgment for these costs​ (Innago)​(iPropertyManagement.com).
Choosing not to leave after receiving an eviction notice in New Hampshire can lead to serious consequences, including sheriff removal and financial liability. It’s important to understand your legal rights and seek help if needed. If you believe the eviction is unjust, consider attending the court hearing to present your case or seek legal assistance.
For more information, contact local housing authorities or legal aid organizations to ensure you protect your rights during the eviction process.
Are There Any Rental Assistance Programs to Prevent Eviction in New Hampshire?
Yes, there are several rental assistance programs in New Hampshire designed to help tenants who are struggling to pay rent and prevent evictions. These programs became especially vital during the COVID-19 pandemic and continue to provide essential support for tenants and landlords.
1. New Hampshire Emergency Rental Assistance Program (NHERAP)
The New Hampshire Emergency Rental Assistance Program (NHERAP) is a federally funded program created to help tenants who are behind on rent due to financial hardships, such as loss of income during the pandemic. NHERAP can cover up to 15 months of rent, including both past-due rent and future rent, and it can also assist with utility payments. Payments are made directly to the landlord or utility company, ensuring that tenants can remain housed​ (New Hampshire Judicial Branch)​(National Low Income Housing Coalition).
2. Community Action Agencies
New Hampshire has several Community Action Agencies (CAAs) that offer rental assistance to individuals facing eviction. These agencies work with local and state programs to provide financial help, as well as referrals to other services such as food and energy assistance. Tenants can apply for help with back rent or future rent payments by contacting their local CAA​ (New Hampshire Judicial Branch).
3. Local Municipal Assistance Programs
Some cities and towns in New Hampshire offer their own rental assistance programs. These local resources may be more accessible for tenants who do not qualify for federal assistance programs or need additional support. Municipal housing programs often work in conjunction with state-level efforts like NHERAP to ensure that residents can avoid eviction​ (New Hampshire Judicial Branch)​(National Low Income Housing Coalition).
How to Apply
To apply for rental assistance, tenants can visit the New Hampshire Housing website or contact their local Community Action Agency. The application process typically involves proving financial hardship, providing details about your rental situation, and showing documentation such as a rental agreement or utility bills​ (New Hampshire Judicial Branch)​(National Low Income Housing Coalition).
If you are struggling to pay rent or facing eviction in New Hampshire, these programs can provide the financial support you need to stay in your home. Whether through NHERAP or local agencies, help is available, and taking advantage of these resources can prevent eviction and housing instability.
For more information on rental assistance programs, visit the New Hampshire Housing website or contact your local Community Action Agency to learn about available options.
In conclusion, tenants and landlords in New Hampshire have access to several resources and legal protections to navigate the complexities of rental agreements, evictions, and financial hardships. Rental assistance programs such as the New Hampshire Emergency Rental Assistance Program (NHERAP) offer crucial support by covering unpaid rent and utility bills, which can prevent evictions and stabilize housing. Understanding your rights as a tenant—whether you're dealing with an eviction notice, unauthorized pets, or rental repairs—can significantly impact your ability to stay in your home. Whether you're applying for financial aid or contesting an eviction in court, it's important to take timely action and seek legal guidance when necessary.
For more details on programs and legal protections available in New Hampshire, visiting official resources like New Hampshire Housing or local Community Action Agencies can provide you with the assistance needed to secure your housing future.
The information provided in this blog post is the result of research conducted with the assistance of AI and is based on publicly available information found online. While we strive to present accurate and up-to-date content, this should not be considered legal advice. Laws and regulations are subject to change, and specific legal situations may require the guidance of a licensed attorney or a housing specialist. For personalized legal assistance or up-to-date information, please consult a qualified professional.
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