This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.
RSA 540:1 · Tenancies, Nature of
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.
Copy linkSource note
Source. RS 209:5. CS 222:5. GS 231:5. GL 250:5. PS 246:1. PL 357:1. RL 413:1.
Source history
- RS 209:5. CS 222:5. GS 231:5. GL 250:5. PS 246:1. PL 357:1. RL 413:1
Related materials
Bill relationships
-
2026 HB1112
amend · effective 2027-07-01
ies in lease agreements. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Lease Provisions; Snow and Ice Removal. Amend RSA 540 by inserting after section 28 the following new section: 540:28-a Snow and Ice Removal in Tenancies. I. The landlord and tenant may agree that either the landlord or the tenant, or any combination thereof, shall b
-
2026 HB1598
reference
eneral Prohibition. I. No landlord shall willfully violate a tenant's right to quiet enjoyment of his tenancy or attempt to circumvent lawful procedures for eviction pursuant to RSA 540. [No tenant shall willfully damage the property of the landlord or prevent completion of necessary repairs or willfully deny tenants their right to quiet enjoyment of their tenancies.] II. No tenant, members of the ten
-
2026 HB1598
amend
hearing on the merits should not be granted without good cause or by agreement of the parties. 2 Actions Against Tenants; Discretionary Stay Dependent on Payment of Rent. Amend RSA 540:13-c, I to read as follows: I. Any tenant default under this chapter shall preclude any discretionary stay. If the defendant [defaults, or] confesses judgment, or if on trial the court rules that the landlord has sustained
-
2026 HB1598
amend
kly payment a writ of possession shall be issued forthwith and the sheriff shall evict the tenant as soon as possible. 3 New Paragraph; Actions Against Tenants; Judgment. Amend RSA 540:14 by inserting after paragraph IV the following new paragraph: V. No delay of service by the sheriff shall later invalidate a writ of possession that was valid when the plaintiff directed the sheriff to serve it. 4 Proh
-
2026 HB1598
amend
rocesses. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Actions Against Tenants; Writ; Service; Discovery; Record; Default. Amend RSA 540:13, II-V to read as follows: II. The writ shall be accompanied by a notice from the district court, printed in no smaller than 12-point type, informing the tenant that: (a) If the tenant wishes to contest the eviction, h
-
2026 HB1598-FN
amend
rocesses. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Actions Against Tenants; Writ; Service; Discovery; Record; Default. Amend RSA 540:13, II-V to read as follows: II. The writ shall be accompanied by a notice from the district court, printed in no smaller than 12-point type, informing the tenant that: (a) If the tenant wishes to contest the eviction, h
-
2026 HB1598-FN
amend
kly payment a writ of possession shall be issued forthwith and the sheriff shall evict the tenant as soon as possible. 3 New Paragraph; Actions Against Tenants; Judgment. Amend RSA 540:14 by inserting after paragraph IV the following new paragraph: V. No delay of service by the sheriff shall later invalidate a writ of possession that was valid when the plaintiff directed the sheriff to serve it. 4 Proh
-
2026 HB1598-FN
amend
hearing on the merits should not be granted without good cause or by agreement of the parties. 2 Actions Against Tenants; Discretionary Stay Dependent on Payment of Rent. Amend RSA 540:13-c, I to read as follows: I. Any tenant default under this chapter shall preclude any discretionary stay. If the defendant [defaults, or] confesses judgment, or if on trial the court rules that the landlord has sustained
-
2026 HB1598-FN
reference
eneral Prohibition. I. No landlord shall willfully violate a tenant's right to quiet enjoyment of his tenancy or attempt to circumvent lawful procedures for eviction pursuant to RSA 540. [No tenant shall willfully damage the property of the landlord or prevent completion of necessary repairs or willfully deny tenants their right to quiet enjoyment of their tenancies.] II. No tenant, members of the ten
-
2026 HB1709
reference · effective 2027-01-01
ss A misdemeanor. III. A sheriff shall, to the extent possible and their ability to safely do so, arrest any individual discovered during service of the writ of possession under RSA 540:14 to be in violation of paragraph I or otherwise subject to arrest under 8 United States Code, section 1252c. IV. If any provision of this section or the application thereof to any person or circumstances is held inva
-
2026 HB1709
amend · effective 2027-01-01
nacted by the Senate and House of Representatives in General Court convened: 1 New Section; Prohibited Occupancy or Tenancy of Real Property by Certain Illegal Aliens. Amend RSA 540 by inserting after section 30 the following new section: 540:31 Prohibited Occupancy or Tenancy of Real Property by Certain Illegal Aliens. I. An individual commits an offense if such individual is an occupant o
-
2026 HB1709-FN
amend · effective 2027-01-01
nacted by the Senate and House of Representatives in General Court convened: 1 New Section; Prohibited Occupancy or Tenancy of Real Property by Certain Illegal Aliens. Amend RSA 540 by inserting after section 30 the following new section: 540:31 Prohibited Occupancy or Tenancy of Real Property by Certain Illegal Aliens. I. An individual commits an offense if such individual is an occupant o
Opinions and discipline decisions mentioning this RSA
- 2025 N.H. 31, Dobens v. Fagnant Supreme Court opinion · July 17, 2025
- 2021-0258, Melissa Natal v. GMPM Company & a. Supreme Court opinion · April 1, 2022
- 2020-0320, Robert St. Onge v. Oberten, LLC Supreme Court opinion · September 2, 2021
- 2019-0476, Richard Horton & a. v. David Clemens & a. Supreme Court opinion · August 11, 2020
- 2019-0027, Amanda Colburn v. Nicholas Saykaly & a. Supreme Court opinion · March 11, 2020
- 2017-0195, Natalie Anderson v. Adam Robitaille Supreme Court opinion · March 8, 2019
- 2016-0370, Wayne Ross, Trustee of the Wayne Ross Revocable Trust & a. v. Donald W. Ross & a. Supreme Court opinion · September 29, 2017
- 2015-0485, The Bank of New York Mellon, as Trustee v. Eugene Dowgiert Supreme Court opinion · June 28, 2016
- 2015-0108, Federal Home Loan Mortgage Corporation v. Michelle Willette Supreme Court opinion · January 12, 2016
- 2014-0578, Mountain View Park, LLC v. Gerald Robson, Jr. Supreme Court opinion · August 11, 2015
- 2014-0126, JP Morgan Chase Bank, NA v. Heilan Grimes Supreme Court opinion · April 7, 2015
- 2012-0443, Leigh Mae Friedline & a. v. Eugene Roe Supreme Court opinion · May 16, 2014