How to Fill Out a New Hampshire Notice to Quit Form (NHJB-3041-D)

The New Hampshire Notice to Quit form, officially numbered NHJB-3041-D, is the Judicial Branch’s standard eviction notice. You download it from the New Hampshire Judicial Branch website and complete it on screen or by hand. Landlords are not legally required to use this exact form, but any notice served must contain the same information, so using the court’s version is the safest route to compliance with RSA 540.¹

What follows is how to fill it out so a judge will accept it, step by step, with the related rules you need to know before and after you serve it.

Pick the Right Ground and Notice Period First

Before you touch the form, decide which statutory ground you’re using. RSA 540:2 limits evictions from restricted property (most residential rentals) to these reasons:

Nonpayment of rent that is due and in arrears after a written demand.
Substantial damage to the premises caused by the tenant, household members, or guests.
A material violation of the written lease.
Behavior by the tenant or household members that harms the health or safety of other tenants or the landlord.
A remaining cotenant who is the accused perpetrator of domestic violence, sexual assault, or stalking after the victim-tenant’s lease is terminated under RSA 540:11-b.
Other good cause, meaning a legitimate business or economic reason such as selling the property or undertaking major renovations. This ground does not require any fault by the tenant.

Each ground carries its own notice period. Nonpayment, substantial damage, health or safety threats, and the domestic violence cotenant situation all require at least seven days. Every other ground, including material lease violations and other good cause, requires at least thirty days.³ Using the wrong period for the stated reason is one of the fastest ways to have an eviction thrown out.

Serve a Demand for Rent First (Nonpayment Only)

If your eviction is for unpaid rent, the Notice to Quit is not your first step. New Hampshire law requires a separate written demand for rent served on the tenant beforehand. The demand identifies the specific rental periods missed and the total back rent owed. The NHJB-3041-D itself asks for the date the demand was served, so the court will see immediately if you skipped it.⁴

A demand for rent form is also on the Judicial Branch website. You aren’t required to use it, but the content must match. Serve the demand the same way you’ll later serve the notice — in person or at the tenant’s residence — and keep a dated copy. You’ll need to prove strict compliance later.⁵

Filling In the Form

Names and Address

Enter the full legal names of every adult occupant in the unit. If you name only one tenant on a multi-tenant lease, a judge may rule the notice invalid as to the unnamed occupants. The property address must match the lease exactly, including any apartment or unit number. A missing unit number or an abbreviated street name can give a tenant grounds to challenge the notice at the hearing.

Reason for Eviction

Check the box for each statutory ground that applies. More than one is permitted, but the expiration date you enter has to satisfy the longest notice period among them. Check both nonpayment (seven days) and a material lease violation (thirty days), and your expiration date must be at least thirty days out.⁴

For every reason checked, describe the facts clearly. For nonpayment, list the rental periods missed and the exact dollar amount in arrears. That figure should reflect rent only. Don’t add late fees or other charges unless your written lease specifically defines them as additional rent; a demand that asks for more than what’s actually owed can sink the whole case.⁵ For damage or lease violations, describe the specific conduct in enough detail that the tenant knows exactly what’s being alleged. Vague language like “violating lease terms” without naming the term invites a challenge.

Expiration Date and Signature

The expiration date is the date by which the tenant must leave. Count the notice period from the day the tenant actually receives the notice, not the day you prepare it. Many landlords build in a buffer of a day or two against delivery delays, since a notice that arrives late effectively shortens the period below the legal minimum and can void it. Sign and date the form when it’s complete. Your signature is a formal declaration that you’re terminating the tenancy.

Serving the Notice

Anyone can serve the Notice to Quit. You don’t need a sheriff or process server at this stage. The two lawful methods are handing the notice directly to the tenant, or, if the tenant can’t be found, leaving it at the tenant’s last and usual place of abode, typically secured to the main door of the rental unit.⁶

Whoever serves the notice must complete a proof of service. RSA 540:5 requires a true and attested copy of the notice along with an affidavit of service, though the affidavit does not need to be sworn under oath.⁶ Record the exact date, time, and method of delivery. Having a neutral third party serve the notice and sign the affidavit strengthens your position if the tenant later claims they never got it. This proof becomes a required exhibit when you file the eviction in court.

If the Tenant Pays Before the Hearing

In a nonpayment case, the tenant can stop the eviction by paying — at any point before the court hearing — all back rent through the date of payment, any other lawful charges under the lease, $15 in liquidated damages, and whatever filing fee and service charges you’ve already incurred. Payment must come in cash, certified check, money order, electronic transfer, or other guaranteed funds. If the tenant pays and you fail to file a receipt with the court before the hearing, the court will let the tenant prove payment and dismiss the case.⁷

There is a cap. A tenant can use this pay-and-stay remedy no more than three times within any twelve-month period. After the third time, paying back rent will not defeat the eviction.

What Happens After the Notice Expires

If the tenant stays past the expiration date and hasn’t cured, the Notice to Quit has done its job. The next step is filing for a Landlord and Tenant Writ at the district court, providing the expired eviction notice (and the demand for rent, in a nonpayment case).⁵ The filing fee is $150.⁸ Unlike the Notice to Quit, the writ must be served by the sheriff, and the court will issue instructions on arranging service and returning the signed writ by the court’s deadline.⁹

Do Not Try to Force the Tenant Out Yourself

While the notice runs or after it expires, you cannot change the locks, block entry, remove belongings, or shut off utilities such as water, heat, electricity, or gas. RSA 540-A:3 prohibits all of it, whether the landlord acts directly or arranges the shutoff through the provider.¹⁰ A tenant can petition for emergency relief in district court, and a landlord found in violation faces the civil remedies in RSA 358-A:10, including the tenant’s costs and reasonable attorney’s fees.¹¹ The Notice to Quit and the court process that follows are the only lawful path to regaining possession.

1
New Hampshire Judicial Branch. Landlord/Tenant – District Division
2
New Hampshire General Court. New Hampshire Code 540:2 – Termination of Tenancy
3
New Hampshire General Court. New Hampshire Code 540:3 – Eviction Notice
4
New Hampshire Judicial Branch. NHJB-3041-D – Eviction Notice
5
New Hampshire Judicial Branch. Navigating the New Hampshire Eviction Process
6
New Hampshire General Court. New Hampshire Code 540:5 – Service of Demand and Eviction Notice
7
New Hampshire General Court. New Hampshire Code 540:9 – Payment After Notice
8
New Hampshire Judicial Branch. Circuit Court Filing Fees
9
New Hampshire Judicial Branch. Landlord Tenant Writ Filing and Service Instructions
10
New Hampshire General Court. New Hampshire Code 540-A:3 – Certain Prohibited Actions
11
New Hampshire General Court. New Hampshire Code 540-A:4 – Remedies