Can I serve my tenant an eviction notice today after also serving her a notice to quit today?

UPDATED: Oct 14, 2011

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Can I serve my tenant an eviction notice today after also serving her a notice to quit today?

I served a notarized notice to quit to my tenant today for non-payment of rent/security. Can I serve her with an eviction notice tomorrow? Does the eviction notice have to give her 30 days? And can I serve it to her myself or do I have to have the Sheriff’s department deliver it?

Asked on October 14, 2011 under Real Estate Law, New Hampshire


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Whenever a landlord is having an issue with a tenant, it is always best for the landlord with respect to the serving of notices upon the tenant to have a third person over the age of 18 to do it instead of the landlord.

With respect to a notice to pay or quit, it is usually best to first serve the notice to pay or quit, and if the payment for past due rent is not made in the set period of statutory time, the landlord files the unlawful detainer action. Once the unlawful detainer action is filed, there is no need for an eviction notice assuming the pay or quit notice has been properly done.

If you do not want the tenant to remain and if the time under the pay accrued rent or quit has passed, all you need to do is file an unlawful detainer action. I recommend that you consult with a landlord tenant attorney to assist you in your matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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