LANDLORD AND TENANT ACTIONS

The Clerk shall deliver blank writs for landlord and tenant actions to no one except attorneys who have been admitted to the Supreme Court or to individuals who shall elect to prosecute their own suit or to have a citizen of good character who is not an attorney of the Court prosecute their suit for them.  Blank writs delivered to individuals not attorneys of the Court shall be entitled by the Clerk.

    No attorney who has been admitted by the New Hampshire Supreme Court shall cause any blank writ to be used by any other person than himself or some attorney of the Court.

Return day for writs brought pursuant to RSA 540 shall be only on such days that the Court is open for business. There shall be no trial on the return day.

A. Landlord and Tenant Writs shall be entered with the Court prior to service of process on the defendant. At the time of entry, the entry fee is payable to the Clerk of Court and the case shall be docketed. At the time of entry, the writ shall be accompanied by proof of service of the eviction notice. Proof of service must be shown by a true and attested copy of the notice accompanied by an affidavit of service, but the affidavit need not be sworn under oath. See RSA 540:5.

    B. Writs may be accepted by the Court where a mailing address has been listed by the landlord, provided that the landlord also signs a statement on the writ attesting that the Court has jurisdiction over the action.

    C. The return of service of process upon the defendant shall be filed by the plaintiff with the Court on or before the earlier of the following: (1) the day following the return day named in the writ; or (2) the time at which the hearing scheduled pursuant to RSA 540:13, V is scheduled to begin.

    D. The clerk may refuse to accept, by notification in writing, any filing that the clerk determines does not comply with these rules. In the event an objection is made to such determination, a written motion may be made to the court to rule on such determination. The written notification shall state: (1) all the reasons why the filing is not being accepted; and (2) that in the event the filing party objects to such determination, a written motion shall be made to the court to rule on such determination within 15 days of the date of the notification.

A. If the defendant does not file an appearance on or before the return day, a notice of default shall be issued that the plaintiff may recover possession of the demanded premises and costs; and, if the writ includes a claim for unpaid rent the notice of default may include the amount of unpaid rent claimed, not to exceed fifteen hundred dollars ($1,500.00) in addition to the costs. A writ of possession and notice of judgment shall also issue, but not until the expiration of at least five business days after the Clerk's notice of default and upon the filing of a military affidavit and, if the writ includes a claim for unpaid rent, an affidavit of damages.

B. No such default shall be stricken off, except by agreement, or by order of the court upon such terms as justice may require, upon motion. A motion to strike the default shall: (1) set forth all the facts and circumstances explaining why the tenant defaulted and all the reasons why the court should strike the default; (2) specifically set forth the defendant’s defense to the landlord-tenant writ filed by the plaintiff and all the facts upon which the defense is based; and (3) state that the defendant understands that making a false statement in the pleading may subject the defendant to criminal penalties.

C. If the defendant files a motion to strike the default prior to the issuance of a writ of possession and notice of judgment, no writ of possession shall issue prior to the Court’s ruling upon the motion. If the motion to strike the default is denied, then a notice of judgment shall be issued, and the writ of possession shall not issue until the expiration of the seven day period for filing a Notice of Intent to Appeal set forth in RSA 540:20. If the defendant files a timely Notice of Intent to Appeal, then the writ of possession shall not issue until the expiration of the appeal period set forth in Supreme Court Rule 7, except as otherwise provided in RSA 540:25, I, or following an order from the Supreme Court dismissing the defendant’s possessory appeal or deeming the defendant’s possessory appeal waived for failure to comply with RSA 540:25, II. If the possessory action was instituted for nonpayment of rent, the Court shall determine and set forth in its order denying the motion to strike the default the amount which must be paid into Court on a weekly basis in the event the defendant appeals. This amount is equal to the actual weekly rent or the periodic rent converted into a weekly sum, adjusted for housing assistance, if applicable.

A. If the defendant files an appearance in an action which has been docketed prior to service of process in accordance with Rule 5.3(A), the matter will be set for trial to occur within ten days following the date of the filing of the appearance. If (1) service of process occurs prior to the action being docketed, (2) the Court waives the violation of Rule 5.3(A) and allows the action to be docketed, and (3) the defendant files an appearance prior to the action being docketed, then trial will be scheduled to occur within ten days following the date of the docketing of the action.

    B. If the plaintiff claims unpaid rent, and if the defendant files any claim or counterclaim which offsets or reduces the amount owed to the plaintiff, then any such claim or counterclaim must be filed on or before the RETURN DAY set forth in the Landlord and Tenant Writ and a copy thereof shall be mailed or delivered to the plaintiff or plaintiff's attorney. No such claim or counterclaim shall be afterwards received except upon leave of Court for good cause shown and upon such terms as justice may require.

    C. The Court may in all cases order either party to plead and also to file a statement in sufficient detail to give to the adverse party and to the Court, reasonable knowledge of the nature and grounds of the action or defense. Upon failure to comply with such order, the Court may take such action as justice may require.

A. Both parties to a landlord and tenant action shall have a right to engage in discovery prior to the hearing on the merits, subject to the time frames set forth below:

        1. All requests for discovery shall be made within five (5) days of the RETURN DAY.

        2. Written interrogatories shall be governed by Rule 3.23 with the exception of the following: responses to interrogatories shall be made within 14 days after receipt of the interrogatories. Requests for admissions and production of documents shall be made within fourteen (14) days after receipt of said requests.

        3. Depositions shall be taken no less than three (3) days from the date of the notice of deposition and within no less than seven (7) days of the scheduled trial date. Depositions shall otherwise be governed by Rule 3.26.

    B. Upon the request of any party, the Court may grant a continuance of the scheduled trial date to allow time to complete discovery. Landlord and tenant actions shall be given priority on the Court's docket and, whenever possible, rescheduled within thirty (30) days.

A. If the defendant fails to appear for trial, or if upon trial it is considered by the Court that the plaintiff has sustained the complaint, judgment shall be rendered that the plaintiff recover possession of the demanded premises and costs, and a writ of possession shall issue.

        1. If the defendant failed to appear for trial, then the writ of possession and notice of judgment shall not issue until the expiration of at least five business days after the Clerk's notice of default and, if the writ includes a claim for unpaid rent, upon the filing of an affidavit of damages. No such default shall be stricken off, except by agreement, or by order of the court upon such terms as justice may require, upon motion.  A motion to strike the default shall: (1) set forth all the facts and circumstances explaining why the tenant defaulted and all the reasons why the court should strike the default; (2) specifically set forth the defendant’s defense to the landlord-tenant writ filed by the plaintiff and all the facts upon which the defense is based; and (3) state that the defendant understands that making a false statement in the pleading may subject the defendant to criminal penalties.

If the defendant files a motion to strike the default prior to the issuance of a writ of possession and notice of judgment, no writ of possession shall issue prior to the Court’s ruling upon the motion.  If the motion to strike the default is denied, then a notice of judgment shall be issued, and the writ of possession shall not issue until the expiration of the seven day period for filing a Notice of Intent to Appeal set forth in RSA 540:20.  If the defendant files a timely Notice of Intent to Appeal, then the writ of possession shall not issue until the expiration of the appeal period set forth in Supreme Court Rule 7, except as otherwise provided in RSA 540:25, I, or following an order from the Supreme Court dismissing the defendant’s possessory appeal or deeming the defendant’s possessory appeal waived for failure to comply with RSA 540:25, II.  If the possessory action was instituted for nonpayment of rent, the Court shall determine and set forth in its order denying the motion to strike the default the amount which must be paid into Court on a weekly basis in the event the defendant appeals.   This amount is equal to the actual weekly rent or the periodic rent converted into a weekly sum, adjusted for housing assistance, if applicable.

2. If upon trial the plaintiff sustained the complaint, then the writ of possession shall not issue until the expiration of the seven day period for filing a Notice of Intent to Appeal set forth in RSA 540:20. If the defendant files a timely Notice of Intent to Appeal, then the writ of possession shall not issue until the expiration of the appeal period set forth in Supreme Court Rule 7, except as otherwise provided in RSA 540:25, I, or following an order from the Supreme Court dismissing the defendant's possessory appeal or deeming the defendant's possessory appeal waived for failure to comply with RSA 540:25, II.

    B. In all cases in which a judgment for plaintiff is rendered where the action is based upon nonpayment of rent, the Court shall determine and set forth in its order the amount which must be paid into Court on a weekly basis in the event defendant appeals. This amount is equal to the actual weekly rent or the periodic rent converted into a weekly sum, adjusted for housing assistance, if applicable.

    C. In all cases which include a claim for unpaid rent the Court's judgment shall include a money judgment on the plaintiff's claim and any setoff or counterclaim by defendant.

A. The Landlord and Tenant Writ shall contain a space for the plaintiff to claim damages for nonpayment of rent and require a statement of the amount thereof.

B. In rendering judgment the Court is limited to a judgment of not more than fifteen hundred dollars ($1,500.00).

A. The Landlord and Tenant Writ shall incorporate or have attached to it the following notice:

If you desire to be heard on the matters raised in these papers, you must notify the Court by filing an appearance form with the Clerk of Court on or before the date specified on this writ next to the words "RETURN DAY".  (These forms are available at the Clerk's Office.)  Once you have filed your appearance, a date for a hearing will be set by the court and you will be notified by mail.  You do not have to physically appear in court on the RETURN DAY since there will be no hearing on that day.  If the landlord claims unpaid rent and if you file a claim or counterclaim which offsets or reduces the amount owed to the landlord, you must file the claim or counterclaim on or before the RETURN DAY shown on this Landlord and Tenant Writ.  Space is provided on the appearance form for making the claim or counterclaim.  IF YOU DO NOT FILE AN APPEARANCE FORM, IT WILL BE ASSUMED YOU DO NOT WISH TO CONTEST THE ACTION, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU, WHICH MAY INCLUDE ANY UNPAID RENT CLAIMED BY THE LANDLORD, AND A WRIT OF POSSESSION MAY ISSUE.

B. Whenever the defendant does not file an appearance on or before the return day, the Clerk’s notice of default shall include the language set forth in Rule 5.4. Whenever the defendant fails to appear for trial, the Clerk’s notice of default shall include the language set forth in Rule 5.7(A)(1).

A. Post trial motions in all cases shall be filed within seven days after the date of the Clerk's Notice of Judgment.

    B. Appeals are initiated by filing a Notice of Intent to Appeal with the Clerk within seven days after the date of the Clerk's Notice of Judgment. If the possessory action was based on nonpayment of rent and the defendant files a Notice of Intent to Appeal, the defendant must, at the time the defendant files the Notice of Intent to Appeal, pay into Court one week's rent as determined by the Court. The appeal shall otherwise be filed in accordance with Supreme Court rules.

    C.   At any time during the pendency of the appeal, the landlord may file a motion to the district court for recovery of the rent money that has been paid into court pursuant to RSA 540:25, I. The court may grant such motion unless the tenant objects and the court rules that the landlord is not lawfully entitled to the full amount of rent. If the court rules that the landlord is not entitled to the full amount of the rent, it shall release such portion of the rent to which the court deems the landlord is lawfully entitled, if any, and make specific findings in support of its decision to deny or partially deny the landlord's motion. The rent money retained by the court shall be apportioned between the landlord and the tenant upon final disposition of the appeal.

    D.   The filing of a post trial motion does not stay the running of the seven day period for filing a Notice of Intent to Appeal.

A. Possessory Action Instituted for Nonpayment of Rent

    If the possessory action was instituted on the basis of nonpayment of rent, during pendency of the appeal, rent is payable to the Court on a weekly basis and is due on the same day of the week on which the Notice of Intent to Appeal was filed. If rent is not paid by the due date, the Court shall immediately mail a notice of default to the tenant and issue a writ of possession to the landlord. If, however, the tenant pays the Clerk the entire amount of rent due since the filing of the Notice of Intent to Appeal prior to the service of the writ by the sheriff, the writ of possession shall be recalled and the appeal shall be reinstated. Unless the appeal is reinstated, the District Court shall vacate the appeal and award the plaintiff the rent money that has been paid into Court. The District Court shall notify the Supreme Court of any such action.

    B. Possessory Action Instituted for Reason Other than Nonpayment of Rent

    If the possessory action was instituted for a reason other than nonpayment of rent, the defendant shall pay into the Court or to the plaintiff, as the Court directs, all rents or portions thereof becoming due from the date the Notice of Intent to Appeal is filed with the District Court. In any case in which the duty to pay rent or a portion thereof is in dispute, the defendant shall be required to pay such portions of the rents becoming due after the notice of intent is filed into Court, as the Court may direct, which amounts shall be held in escrow until a final decision is rendered. If the defendant fails to make a rental payment as it comes due, the plaintiff shall file an affidavit setting forth the defendant's failure to make timely payment along with a motion to dismiss defendant's appeal. A copy of the motion and affidavit shall be filed with the Supreme Court. The District Court shall file a written recommendation to the Supreme Court that the motion be granted unless, within five (5) days of the filing of plaintiff's motion, defendant files an affidavit setting forth that timely tender of payment was made or that defendant had a lawful reason for failing to tender payment. If defendant files such an affidavit in a timely manner, a hearing shall be scheduled on the motion within ten (10) days of the filing of defendant's affidavit. Following hearing, the District Court shall recommend in writing to the Supreme Court what action should be taken on the motion.

Whenever a Landlord and Tenant Writ has been entered with the Court, and neither an appearance nor the return of service of process has been filed with the Court within sixty days following the date of said entry, such action may upon motion or upon the Court's own motion be dismissed. The order of dismissal may be vacated upon motion after notice for cause shown upon such terms and conditions as the Court may impose. Any motion to vacate shall be filed within seven days after the date of the Clerk's Notice of the order of dismissal.