As a landlord, evicting a tenant is rarely a desired outcome; however, it is sometimes the only viable option to protect your property, maintain consistent rental income, and ensure a safe living environment for other tenants. Evictions must be handled with precision and strict adherence to state law. In this post we walk you through the fundamentals of the eviction process.

1. Legal Grounds for Eviction. Under New Hampshire law, a landlord cannot evict a tenant without proper legal justification. Those reasons include: (i) nonpayment of rent, (ii) substantial damage to the premises, (iii) violation of the lease, (iv) harming the health or safety of other tenants, or (v) other good cause.
2. Notice to Quit. Before filing for eviction in court, landlords are required to serve the tenant with a written notice to quit. Notices must be served either by hand delivery or by leaving the notice at the rental unit and sending a copy via certified mail.
3. Landlord and Tenant Writ. If the tenant does not comply with the notice to quit, the next step is to initiate legal action by filing a Landlord and Tenant Writ in the appropriate circuit court. This document is served on the tenant by a sheriff or process server. The court will set a date for the eviction hearing, typically within 7–10 days after service.
4. Eviction Hearing. During the hearing, the landlord must present evidence to support the eviction, such as, but not limited to: (a) a copy of the lease agreement, (b) payment history or bank records, and (c) photos, communications, or witness testimony. If the judge finds in the landlord’s favor, a judgment for possession will be issued.
5. Writ of Possession. After the court rules in your favor, the tenant typically has 7 days to appeal or vacate voluntarily. If they don’t leave, you can request a Writ of Possession, which authorizes the sheriff or local law enforcement to physically remove the tenant.

At Kalil & LaCount, we routinely help landlords across New Hampshire navigate the eviction process. If you are a landlord facing tenant issues, please contact our office today at (603) 964-1414.

DISCLAIMER: This post is intended for informational purposes only and does not constitute legal advice. Every case is unique. Please contact our office to discuss your specific legal situation.