Section 540:9 – Payment After Notice.
540:9 Payment After Notice. – I. Any possessory action based solely on nonpayment of rent shall be dismissed if both of the following occur: (a) The tenant, at any time prior to the hearing on the merits, pays to the landlord, in cash, certified check, prepaid money order, electronic transfer, or other guaranteed or […]
Section 540:9-a – Payment by Voucher and Application of Rents Paid by a Municipality.
540:9-a Payment by Voucher and Application of Rents Paid by a Municipality. – I. Any rental payment or partial rental payment tendered by the tenant in the form of a written promise to pay on behalf of the tenant by the state, a county or a municipality of this state, or a payment by […]
Section 540:10 – Repealed by 1985, 249:10, II, eff. Aug. 6, 1985.
540:10 Repealed by 1985, 249:10, II, eff. Aug. 6, 1985. –
Section 540:11 – Termination by Lessee.
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, […]
Section 540:11-a – Termination by Members of the Armed Services.
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 […]
Section 540:12 – Possessory Action.
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. […]
Section 540:13 – Writ; Service; Discovery; Record; Default.
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 […]
Section 540:13-a – Defense to Retaliation.
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 […]
Section 540:13-b – Evidence of Intent to Retaliate.
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 […]
Section 540:13-c – Discretionary Stay Dependent on Payment of Rent.
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, […]