Section 540:13-d – Defenses to Violations of Fitness.
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 […]
Section 540:13-e – Infestation of Bed Bugs: Liability for Costs of Remediation.
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 […]
Section 540:14 – Judgment.
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 […]
Section 540:15 – Neglect to Enter, etc.
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.
Section 540:16 – General Issue.
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.
Section 540:16-a – Hearsay Exception.
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 […]
Section 540:17 – Plea of Title, Recognizance.
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 […]
Section 540:18 – Effect of Plea, etc.
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. […]
Section 540:19 – Neglect to Recognize.
540:19 Neglect to Recognize. – If the defendant neglects or refuses to recognize, judgment shall be rendered against him in the same manner as if he had refused to make answer to the suit. Source. RS 209:15. CS 222:15. GS 231:13. GL 250:13. PS 246:13. PL 357:19. RL 413:19.
Section 540:20 – Appeal.
540:20 Appeal. – Any party to an action brought pursuant to this chapter shall, within 7 days of the date of the notice of judgment, file in the district court a notice of intent to appeal to the supreme court. Until the appeal is perfected by the filing of a notice of appeal in […]