Evictions in New Hampshire are governed by three major statutes: RSA 540, N.H. RSA 540-A or N.H. RSA 540-B. RSA 540 governs evictions where the tenant rents from a landlord their own individual space. While RSA 540 evictions are much more common, what are the situations where a 540-B eviction may be appropriate for you?
RSA 540-B governs rental of “shared facility”. A shared facility is a rental facility where tenants have separate sleeping areas, but share common facilities with the property owner, such as kitchens, washing areas, and/or dining rooms. The most common examples of shared facilities are single family homes. It is not terribly common for landlords to rent a room out of their single-family house, but it does occur. Such a rental would be governed by RSA 540-B, as the tenant has their own room or living space, but uses the communal kitchen and other facilities. Another common example is when parents of adult children are forced to evict their child from the home. Again, 540-B applies because the adult child has a room which is solely for their use, but uses the family facilities. Note, however, that most in-law apartments would be excluded from this statute, as in-law apartments generally have separate facilities from the main house.
For shared facility evictions under 540-B, a written 30-day notice is one way to begin the process to evict someone that is living in a shared facility. A person can be evicted for any reason as long as they receive a 30 day notice. If the eviction is for nonpayment of rent, a written 7-day notice is required. Finally, if the reason for the eviction is activity that damages the premises, or risks the health or safety of other tenants or the owner, then a 72-hour of notice is required.
Landlords considering evicting a tenant often have many questions about how to proceed with this difficult process. Making a mistake in an eviction can lead to the eviction taking longer than expected, lost rental revenue, and further headaches. That is why the experienced landlord-tenant attorneys at Parnell, Michels & McKay are here to help you through the process and avoid the many pitfalls.