Notice of Warning Prior to Termination of Nonresidential Lease
New Hampshire - Termination
of Leases
Notice to Quit:
I. If a nonresidential tenant neglects or refuses to pay rent due
and in arrears, upon demand, 7 days' notice shall be sufficient; if the
rent is payable more frequently than once in 3 months, whether such rent
is due or not, a notice equal to the rent period shall be sufficient, and
3 months' notice shall be sufficient in all cases.
II. For all residential tenancies, 30 days' notice shall be sufficient
in all cases; provided, however, that 7 days' notice shall be sufficient
if the reason for the termination is as set forth in RSA 540:2, II(a),
(b), or (d).
III. The notice to quit shall state with specificity the reason
for the eviction.
IV. If the notice to quit is based on nonpayment of rent, the notice
shall inform the tenant of his right, if any, to avoid the eviction by
payment of the arrearages and liquidated damages in accordance with RSA
540:9. § 540:3
Demand:
Such demand shall be sufficient if made upon the tenant or occupant
at any time after the rent becomes due and prior to the service of such
notice to quit. § 540:4
Service of Demand and Notice to Quit:
Any notice of a demand for rent or a notice to quit may be served
by any person and may be served upon the tenant personally or left at his
last and usual place of abode. Proof of service must be shown by a true
and attested copy of the notice accompanied by an affidavit of service,
but the affidavit need not be sworn under oath. A notice of a demand
for rent shall be sufficient if served upon the tenant at any time after
the rent becomes due and prior to the service of a notice to quit.
§ 540:5
Demand of Rent:
Where, to constitute a forfeiture for a violation of the condition
of a written lease, a demand of rent is required, such demand may be made
as provided in RSA 540:5. § 540:7
Termination of Tenancy:
I. The lessor or owner of nonrestricted property may terminate any
tenancy by giving to the tenant or occupant a notice in writing to quit
the premises in accordance with RSA 540:3 and 5.
II. The lessor or owner of restricted property may terminate any
tenancy by giving to the tenant or occupant a notice in writing to quit
the premises in accordance with RSA 540:3 and 5, but only for one of the
following reasons:
(a) Neglect or refusal to pay rent due and in arrears,
upon demand.
(b) Substantial damage to the premises by the tenant, members of
his household, or guests.
(d) Behavior of the tenant or members of his family which adversely
affects the health or safety of the other tenants or the landlord or his
representatives, or failure of the tenant to accept suitable temporary
relocation due to lead-based paint hazard abatement, as set forth in RSA
130-A:8-a, I.
III. If the ground for eviction is other good cause as set forth in
paragraph II(e) of this section, and such cause is based on the actions
or inactions of the tenant, members of his family, or guests, the landlord
shall, prior to the issuance of the notice to quit, provide the tenant
with written notice stating that in the future such actions or inactions
would constitute grounds for eviction. Such notice shall be served in accordance
with RSA 540:5 or by certified mail.
IV. A tenant's refusal to agree to a change in the existing rental
agreement calling for an increase in the amount of rent shall constitute
good cause for eviction under paragraph II(e) of this section, provided
that the landlord provided the tenant with written notice of the amount
and effective date of the rent increase at least 30 days prior to the effective
date of the increase.
V. "Other good cause" as set forth in paragraph II(e) of this section
includes, but is not limited to, any legitimate business or economic reason
and need not be based on the action or inaction of the tenant, members
of his family, or guests.
VI. No tenancy shall be terminated for nonpayment of rent if:
(a) The tenant was forced to take over the landlord's utility
payments in order to prevent utility services, which the landlord agreed
to provide, from being terminated;
(b) The amount of rent which the tenant is in arrears does not exceed
the amount paid by the tenant to maintain utility service to the tenant's
premises; and
(c) The tenant has receipts from the utility company or other proof
of payment of the amount paid to maintain utility service. §
540:2
