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RSA 540:5 · Service of Demand and Eviction Notice
540:5 Service of Demand and Eviction Notice. –
Copy linkAny notice of a demand for rent or an eviction notice may be served by any person and may be served upon the tenant personally or left at his or her last and usual place of abode. In the case of commercial rental property, service of process may be made at such property provided that a copy of the demand for rent or eviction notice shall be sent by certified mail to the commercial tenant at his or her last known legal address or, for non-residents, by certified mail to the tenant's registered agent if there is a registered agent for the tenant duly registered with the New Hampshire secretary of state or, if there is no such registered agent, by certified mail to the tenant's last known legal address. 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 or simultaneously with the service of an eviction notice.
Copy linkThe district court shall provide forms for a demand for rent and eviction notice in the district court clerks' offices and on the New Hampshire judicial branch website. Although a landlord shall not be required to use the forms, a valid demand for rent or eviction notice shall include the same information as is requested and provided on such forms. Source. 1915, 37:1. PL 357:5. RL 413:5. RSA 540:5. 1979, 305:3. 1999, 6:2. 2006, 192:2, eff. Jan. 1, 2007. 2011, 208:1, eff. Jan. 1, 2012. 2013, 87:1, eff. Aug. 19, 2013.
Copy linkSource note
Source. 1915, 37:1. PL 357:5. RL 413:5. RSA 540:5. 1979, 305:3. 1999, 6:2. 2006, 192:2, eff. Jan. 1, 2007. 2011, 208:1, eff. Jan. 1, 2012. 2013, 87:1, eff. Aug. 19, 2013.
Source history
- 1915, 37:1. PL 357:5. RL 413:5. RSA 540:5
- 1979, 305:3
- 1999, 6:2
- 2006, 192:2, eff. Jan. 1, 2007
- 2011, 208:1, eff. Jan. 1, 2012
- 2013, 87:1, eff. Aug. 19, 2013
Related materials
Bill relationships
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2026 HB1112
amend · effective 2027-07-01
ies in lease agreements. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Lease Provisions; Snow and Ice Removal. Amend RSA 540 by inserting after section 28 the following new section: 540:28-a Snow and Ice Removal in Tenancies. I. The landlord and tenant may agree that either the landlord or the tenant, or any combination thereof, shall b
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2026 HB1598
reference
eneral Prohibition. I. No landlord shall willfully violate a tenant's right to quiet enjoyment of his tenancy or attempt to circumvent lawful procedures for eviction pursuant to RSA 540. [No tenant shall willfully damage the property of the landlord or prevent completion of necessary repairs or willfully deny tenants their right to quiet enjoyment of their tenancies.] II. No tenant, members of the ten
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2026 HB1598-FN
reference
eneral Prohibition. I. No landlord shall willfully violate a tenant's right to quiet enjoyment of his tenancy or attempt to circumvent lawful procedures for eviction pursuant to RSA 540. [No tenant shall willfully damage the property of the landlord or prevent completion of necessary repairs or willfully deny tenants their right to quiet enjoyment of their tenancies.] II. No tenant, members of the ten
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2026 HB1709
amend · effective 2027-01-01
nacted by the Senate and House of Representatives in General Court convened: 1 New Section; Prohibited Occupancy or Tenancy of Real Property by Certain Illegal Aliens. Amend RSA 540 by inserting after section 30 the following new section: 540:31 Prohibited Occupancy or Tenancy of Real Property by Certain Illegal Aliens. I. An individual commits an offense if such individual is an occupant o
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2026 HB1709-FN
amend · effective 2027-01-01
nacted by the Senate and House of Representatives in General Court convened: 1 New Section; Prohibited Occupancy or Tenancy of Real Property by Certain Illegal Aliens. Amend RSA 540 by inserting after section 30 the following new section: 540:31 Prohibited Occupancy or Tenancy of Real Property by Certain Illegal Aliens. I. An individual commits an offense if such individual is an occupant o
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2025 HB2
reference
ragraph (a): (1) Actions relating to children under RSA 169-B, RSA 169-C, and RSA 169-D. (2) Domestic violence actions under RSA 173-B. (3) Small claims actions under RSA 503. (4) Landlord/tenant actions under RSA 540, RSA 540-A, RSA 540-B, and RSA 540-C. (5) Stalking actions under RSA 633:3-a II-a.] The supreme court may establish by rule an equitable fee of not less than $25 to be added to a fine whenever a court extends
Opinions and discipline decisions mentioning this RSA
- 2025 N.H. 31, Dobens v. Fagnant Supreme Court opinion · July 17, 2025
- 2019-0476, Richard Horton & a. v. David Clemens & a. Supreme Court opinion · August 11, 2020
- 2009-780, Jeanmax Darbouze v. Nancy Champney Supreme Court opinion · September 17, 2010