Live Free or Die Legal
This website is not an official source of law. This website does not provide legal advice. For official legal materials, verify against the relevant court, legislature, agency, or other official source. Legal information may be incomplete, outdated, or incorrectly processed. Consult a qualified attorney for advice about a specific legal matter.

This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 540:13 · Writ; Service; Discovery; Record; Default

Title
LV: PROCEEDINGS IN SPECIAL CASES
Chapter
540 · ACTIONS AGAINST TENANTS
Status
current
Official source linked
Yes
Official source Copy section link

540:13 Writ; Service; Discovery; Record; Default. –

Copy link
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 at a day named therein.

Copy link
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:

Copy link
(a)

If the tenant wishes to contest the eviction, he must file an appearance in the district court no later than the return day appearing on the writ.

Copy link
(b)

The tenant shall not be evicted unless the court so orders; however, such an order may be granted if the tenant does not file an appearance.

Copy link
(c)

At the time the tenant files his appearance, he may request that the court make a sound recording of the eviction hearing by checking an appropriate box on the appearance form.

Copy link
(d)

If the tenant wishes to appeal the district court's decision, he must:

Copy link
(1)

File a notice of intent to appeal with the district court within 7 days of the notice of the district's decision; and

Copy link
(2)

File a notice of appeal in the supreme court within 30 days of the notice of the district court's decision; and

Copy link
(3)

Pay all rent, as it comes due, between the date of the notice of intent to appeal the district court's decision and the final disposition of the appeal.

Copy link
III.

The writ of summons and the notice provided in paragraph II shall be returnable 7 days from the date of service of the writ by the sheriff. The writ of summons shall provide an opportunity for the landlord, at the landlord's option, to make a claim for an award of unpaid rent. If the landlord elects to make a claim for unpaid rent, the court shall consider any defense, claim, or counterclaim by the tenant which offsets or reduces the amount owed to the plaintiff. If the court finds that the landlord is entitled to possession on the ground of nonpayment of rent, it shall also award the landlord a money judgment. If the court determines that the amount owed by the landlord to the tenant, as a result of set-off or counterclaim exceeds or equals the amount of rent and other lawful charges owed by the tenant to the landlord, judgment in the possessory action shall be granted in favor of the tenant. If the court finds that the tenant's counterclaim exceeds the amount of the nonpayment, a money judgment shall issue in favor of the tenant. Any decision rendered by the court related to a money judgment, shall be limited to a maximum of $1,500 and shall not preclude either party from making a subsequent claim in a court of competent jurisdiction to recover any additional amounts not covered by the $1,500 judgment.

Copy link
IV.

Both parties shall have a right to engage in discovery prior to the hearing on the merits within such time frame as may be established for eviction actions by the Rules of the District Court.

Copy link
V.

If the tenant files an appearance, a hearing shall be scheduled to occur within 10 days after such filing, with allowance for additional time pursuant to paragraph IV, with notice of the hearing mailed to the parties no fewer than 6 days prior to the hearing. If the tenant fails to file an appearance or fails to appear at the hearing on the merits, the court shall mail a notice of default to the address set forth on the summons at least 3 days prior to the issuance of the writ of possession.

Copy link
VI.

In deciding any contested hearing, the court shall issue a written decision setting forth the basis for its decision.

Copy link
VII.

In the case of nonpayment of rent, while the possessory action is pending, the landlord may accept payment of the rental arrearage without creating a new tenancy, provided that the landlord informs the tenant in writing of the landlord's intention to proceed with the eviction in spite of the landlord's acceptance of the payment. The landlord may choose not to accept payment and to proceed with the eviction. Source. RS 209:8, 9. CS 222:8, 9. GS 231:8. GL 250:8. PS 246:8. PL 357:13. RL 413:13. RSA 540:13. 1957, 244:23. 1992, 284:87. 1996, 155:1, 2. 1998, 25:1, 2, eff. Jan. 1, 1999.

Copy link

Source note

Source. RS 209:8, 9. CS 222:8, 9. GS 231:8. GL 250:8. PS 246:8. PL 357:13. RL 413:13. RSA 540:13. 1957, 244:23. 1992, 284:87. 1996, 155:1, 2. 1998, 25:1, 2, eff. Jan. 1, 1999.

Source history

  • 1957, 244:23
  • 1992, 284:87
  • 1996, 155:1, 2
  • 1998, 25:1, 2, eff. Jan. 1, 1999
  • RS 209:8, 9. CS 222:8, 9. GS 231:8. GL 250:8. PS 246:8. PL 357:13. RL 413:13. RSA 540:13

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

    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 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 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 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 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

  • 2025 HB2 reference

    ragraph (a): (1) Actions relating to children under RSA 169-B, RSA 169-C, and RSA 169-D. (2) Domestic violence actions under RSA 173-B. (3) Small claims actions under RSA 503. (4) Landlord/tenant actions under RSA 540, RSA 540-A, RSA 540-B, and RSA 540-C. (5) Stalking actions under RSA 633:3-a II-a.] The supreme court may establish by rule an equitable fee of not less than $25 to be added to a fine whenever a court extends

  • 2025 HB60 reference

    he lease term; and (B) The landlord has filed a possessory action within 6 months of the lease expiring. (2) Nothing in this subparagraph shall affect a tenant’s defense of retaliatory eviction as set forth in RSA 540:13-a or a tenant’s protections from discrimination as defined by RSA 354:10. 263:2 New Paragraph; Termination of Tenancy; Expiration of Term. Amend RSA 540:2 by inserting after paragraph VII the following new parag

Opinions and discipline decisions mentioning this RSA