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New Hampshire's No-Fault Eviction Law: What Portsmouth Landlords Need to Know About HB 60

New Hampshire's No-Fault Eviction Law: What Portsmouth Landlords Need to Know About HB 60

For more than 20 years, a lease end date in New Hampshire carried surprisingly little weight. That changed on July 1, 2026, when HB 60 created the New Hampshire no-fault eviction law. Landlords can now end certain tenancies at lease expiration without proving tenant fault. However, the new flexibility comes with firm notice and filing deadlines. One missed date can push you back into a traditional good-cause case, where reliable eviction support services matter. Below, we explain what changed, what the law requires, which tenant protections remain, and how Portsmouth landlords can put HB 60 to work.

Key Takeaways

  • HB 60 took effect on July 1, 2026, and makes the expiration of a qualifying lease a valid reason to end a tenancy in New Hampshire.
  • The no-fault option applies only to leases of 12 months or longer and requires written notice at least 60 days before the lease ends.
  • Retaliation and discrimination protections remain fully in force, so every nonrenewal must still rest on lawful motives.
  • A reliable renewal calendar and consistent decision criteria are the strongest safeguards for landlords using the new law.

How HB 60 Changed Eviction Law in New Hampshire

HB 60 is a New Hampshire law that makes the expiration of a qualifying lease a valid reason to end a residential tenancy. It reverses a long-standing rule that required landlords to show good cause even after a lease ended.

The Previous Good-Cause Standard

Since a 2005 New Hampshire Supreme Court decision, landlords of restricted property have needed good cause to evict, even after a lease ended. Good cause typically meant nonpayment of rent, property damage, or a lease violation. As a result, a tenant in good standing could often stay indefinitely once the lease expired. Supporters argued the standard made legitimate concerns difficult to prove in court. HB 60's sponsor, Rep. Bob Lynn, pointed to cases where other tenants complain about a neighbor but are too afraid to testify.

Key Dates and Legislative Details

The final version of HB 60 came out of a conference committee between the House and Senate. These are the details Portsmouth landlords should know:

  • Signed: Governor Kelly Ayotte signed HB 60 into law on August 1, 2025.
  • Chapter: The law was enacted as Chapter 263.
  • Effective date: The new rules took effect on July 1, 2026.
  • Statute: The law amends RSA 540:2 to add lease expiration as good cause.

An earlier Senate version would have delayed the change until the state's rental vacancy rate improved. The final law dropped that trigger, so it applies regardless of market conditions. Supporters described the change as honoring the agreed length of a lease. Tenant advocates, however, warned it weakens an important protection during a statewide housing shortage.

HB 60 Requirements for No-Fault Lease Terminations

A no-fault termination under HB 60 is valid only when a landlord meets 3 requirements:

  • A lease of 12 months or longer, or renewals totaling 12 months or more
  • Written nonrenewal notice delivered at least 60 days before the lease ends
  • A possessory action filed within 6 months of expiration if the tenant stays

Properties Covered by the Good-Cause Rule

RSA 540:1-a divides rentals into restricted and nonrestricted property. Most residential rentals are restricted, but some smaller arrangements are exempt. Examples include a single-family home owned by someone with no more than 3 single-family homes. A unit in an owner-occupied building with 4 or fewer units is also exempt. Because those owners already had more flexibility, HB 60 matters most for multifamily buildings and larger portfolios.

The 12-Month Lease Threshold

The no-fault option applies to leases of 12 months or longer. It also covers shorter leases renewed for a total of 12 months or more. Month-to-month arrangements fall outside this provision, so traditional good-cause rules still govern those tenancies on restricted property.

The 60-Day Written Notice Requirement

Your written notice must reach the tenant at least 60 days before the lease termination date. Late notice may leave you unable to use the no-fault option for that lease term. To meet the law's requirements, the notice must:

  • Be delivered in writing
  • State that the lease will not be renewed
  • State that the tenant must vacate at the end of the lease term

The 6-Month Filing Deadline

If the tenant stays past the lease end, you must file a possessory action within 6 months of expiration. After that window closes, you would generally need standard good-cause grounds instead. 

Because court filings bring added costs, Cardinal Point Property Management offers owners an optional eviction protection guarantee for extra peace of mind.

Tenant Protections That Remain in Place

HB 60 gives landlords a new option at lease expiration while leaving New Hampshire's core tenant protections intact. These safeguards shape how every nonrenewal should be handled.

No-Fault Terminations and Tenant Screening Records

Under the law, a no-fault termination is not considered an eviction for rental applications or tenant screening reports. This helps protect a tenant's rental history when they move on. Landlords, in turn, may face fewer disputes when a nonrenewal is handled cleanly.

For-Cause Evictions under Existing Rules

Evictions for nonpayment, property damage, or lease violations still follow the existing procedures and notice periods under RSA 540. HB 60 adds another lawful path at the end of a qualifying lease without replacing these grounds.

Retaliation and Fair Housing Protections

Tenants keep their retaliatory eviction defense under RSA 540:13-a. It protects renters who report housing code violations, pursue certain legal remedies, or meet with other tenants for a lawful purpose. Discrimination protections under RSA 354-A also still apply to every nonrenewal decision.

Best Practices for Portsmouth Landlords under HB 60

Careful planning and consistent documentation help Portsmouth landlords use HB 60 without adding legal risk. The following practices make the new law easier to apply across a rental portfolio.

Review Lease Terms and Renewal Language

Confirm that your lease lengths and renewal clauses align with the 12-month threshold. Clear terms help you and your tenants know exactly when a lease will end.

Track Every Lease End Date

Build a renewal calendar with reminders set well ahead of each 60-day notice deadline. This step matters most if you manage staggered lease dates across a multifamily property.

Document Nonrenewal Decisions

HB 60 doesn't require you to give tenants a reason for nonrenewal. Still, an internal record of each decision protects you if a tenant later alleges retaliation or discrimination. Timing matters as well, since RSA 540:13-b creates a rebuttable presumption of retaliation when a landlord files a possessory action within 6 months after receiving notice of a tenant's complaint. Useful details to record include:

  • The lease end date and notice deadline
  • The date and method of notice delivery
  • The business reason behind the decision

Apply Criteria Consistently across Units

Use the same standards for every unit and every tenant. Consistency reduces fair housing risk and makes each decision easier to defend.

Weigh Nonrenewal against Tenant Retention

The right to end a lease doesn't make nonrenewal the best choice every time. In New Hampshire's tight rental market, keeping a reliable tenant often costs less than turnover and vacancy. A thorough tenant screening process helps you place residents you'll want to keep for years.

FAQs

1. Can I use HB 60 to end a month-to-month tenancy in Portsmouth?

The no-fault option only covers leases of 12 months or longer, or renewals totaling at least 12 months. For month-to-month tenants on restricted property, you still need a traditional good-cause reason.

2. What happens if I miss the 60-day notice deadline?

Late notice may prevent you from using the no-fault option for that lease term. Setting calendar reminders well before each deadline is the simplest way to avoid this problem.

3. Will ending a lease under HB 60 appear as an eviction on my tenant's record?

No, a no-fault termination is not treated as an eviction for rental applications or tenant screening reports. This can make move-out conversations with departing tenants easier.

4. Do I have to tell my tenant why I'm not renewing the lease?

HB 60 doesn't require a reason in the notice. However, keep an internal record of your decision in case a tenant later claims retaliation or discrimination.

Lease End Dates Now Reward the Prepared Landlord

HB 60 gives New Hampshire landlords more control at the end of a lease. Even so, the law rewards preparation far more than speed. The owners who benefit most will treat every lease end date as a decision made months in advance. That discipline matters even more for condo- and HOA-governed rentals. It is also essential for owners who spend part of the year away, since a 60-day window can quietly close while they're gone. For disputes involving a specific tenant, a New Hampshire attorney remains your best resource.

At Cardinal Point Property Management, we manage residential, multifamily, and HOA properties across Portsmouth and the Seacoast. Our team supports owners with leasing, tenant screening, and eviction services. Reach out to see how our property management services can keep your rentals running smoothly and your investment protected.

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