540:1 Tenancies, Nature of. – Every tenancy or occupancy shall be deemed to be at will, and the rent payable upon demand, unless a different contract is shown. Source. RS 209:5. CS 222:5. GS 231:5. GL 250:5. PS 246:1. PL 357:1. RL 413:1.
540:1-a Definitions. – In this chapter: I. "Nonrestricted property" means all real property rented for nonresidential purposes and the following real property rented for residential purposes: (a) Single-family houses, if the owner of such a house does not own more than 3 single-family houses at any one time. (b) Rental units in an owner-occupied […]
540:1-b Landlord’s Agent Required. – I. An owner of restricted property, as defined in RSA 540:1-a, II, who resides within the state of New Hampshire shall, within 30 days of becoming the owner or within 30 days of the effective date of this section, whichever occurs later, file a statement with the town or […]
540:1-c Penalty. – The governing body of a municipality may establish a fine not to exceed $100 for the failure to file a statement designating an agent for service of process as required under RSA 540:1-b. Any such fine may be collected in the same manner as a fine for violation of a municipal […]
540:10 Repealed by 1985, 249:10, II, eff. Aug. 6, 1985. –
540:11 Termination by Lessee. – I. A lessee may terminate his or her lease by notice in writing, in the same manner as the lessor, and the notice shall have the same effect for all purposes as a notice by the lessor to the lessee. II. A tenancy at will, from month to month, […]
540:11-a Termination by Members of the Armed Services. – I. A lessee may terminate his or her lease, or a tenant may terminate a rental agreement when the lessee or tenant is: (a) A member of the armed services reserve who is called to active duty. (b) A member of the national guard who […]
540:12 Possessory Action. – The owner, lessor, or purchaser at a mortgage foreclosure sale of any tenement or real estate may recover possession thereof from a lessee, occupant, mortgagor, or other person in possession, holding it without right, after notice in writing to quit the same as herein prescribed. Source. RS 209:7. CS 222:7. […]
540:13 Writ; Service; Discovery; Record; Default. – I. A writ of summons may be issued, returnable before a district court, setting forth in substance that the plaintiff is entitled to the possession of the demanded premises, and that the defendant is in possession thereof without right, after notice in writing, to quit the same […]
540:13-a Defense to Retaliation. – Except in cases in which the tenant owes the landlord the equivalent of one week’s rent or more, it shall be a defense to any possessory action, as to residential property, that such possessory action was in retaliation for the tenant: I. Reporting a violation or reporting in good […]
540:13-b Evidence of Intent to Retaliate. – Unless the court finds that the act of the tenant in making a report or complaint or in initiating an action or in organizing relative to alleged violations by a landlord was primarily intended to prevent any eviction, a rebuttable presumption that such possessory action was in […]
540:13-c Discretionary Stay Dependent on Payment of Rent. – I. If the defendant defaults, or confesses judgment, or if on trial the court rules that the landlord has sustained his complaint, judgment shall be rendered that the landlord recover possession of the premises and costs. A writ of possession shall be issued, provided that, […]
540:13-d Defenses to Violations of Fitness. – I. No action for possession based on nonpayment of rent shall be maintained in regard to any premises leased or rented for residential purposes, other than for vacation or recreation, if such premises are in substantial violation of the standards of fitness for health and safety set […]
540:13-e Infestation of Bed Bugs: Liability for Costs of Remediation. – I. In this section: (a) " Infestation of bed bugs " means the presence of bed bugs in real property rented for residential purposes. (b) " Remediation " means action taken by the landlord that substantially reduces the presence of bed bugs in […]
540:14 Judgment. – I. If the defendant makes default, or if on trial it is considered by the court that the plaintiff has sustained its complaint, judgment shall be rendered that the plaintiff recover possession of the demanded premises and costs, and a writ of possession shall issue. In cases based on nonpayment of […]
540:15 Neglect to Enter, etc. – If the plaintiff neglects to enter his action, or fails to support it, judgment shall be rendered for the defendant for his costs. Source. RS 209:12. CS 222:12. GS 231:10. GL 250:10. PS 246:10. PL 357:15. RL 413:15.
540:16 General Issue. – Under the general issue, the defendant shall not offer evidence which may bring the title to the demanded premises in question. Source. RS 209:13. CS 222:13. GS 231:11. GL 250:11. PS 246:11. PL 357:16. RL 413:16.
540:16-a Hearsay Exception. – In any possessory action based on allegations concerning the behavior of the defendant or his family or guests, records of complaints made by other tenants to the landlord or his agent concerning such behavior shall be competent evidence if: I. The landlord or other qualified witness testifies to its identity […]
540:17 Plea of Title, Recognizance. – If the defendant shall plead a plea which may bring in question the title to the demanded premises he shall forthwith recognize to the plaintiff, with sufficient sureties, in such sum as the court shall order, to enter his action in the superior court for the county at […]
540:18 Effect of Plea, etc. – After the filing of such plea and the entry of such recognizance no further proceedings shall be had before the municipal court, but the action may be entered and prosecuted in the superior court in the same manner as if it were originally begun there. Source. RS 209:16. […]
