reglab/housing_qa huggingface dataset:
NH Rev Stat § 540:1-b (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|Section 540:1-b - Landlord's Agent Required.

    540:1-b Landlord's Agent Required. –||I. An owner of restricted property, as defined in RSA 540:1-a, II, who resides within the state of New Hampshire shall, within 30 days of becoming the owner or within 30 days of the effective date of this section, whichever occurs later, file a statement with the town or city clerk of the municipality in which the property is located that provides the name, address, and telephone number of a person within the state who is authorized to accept service of process for any legal proceeding brought against the owner relating to the restricted property. Such person authorized to accept service may be the owner of the premises. This section shall not apply to manufactured housing parks as defined in RSA 205-A:1, II.||II. An owner of restricted property who resides outside the state of New Hampshire shall, within 30 days of becoming the owner or within 30 days of the effective date of this section, whichever occurs later, file a statement with the town or city clerk of the municipality in which the property is located that provides the name, address, and telephone number of a person within the state who is authorized to accept service of process for any legal proceeding brought against the owner relating to the restricted property.||III. In any legal proceeding in which the property owner resides out of state and said owner fails to: (a) comply with paragraph II, and (b) appear in said proceeding, service of process pursuant to RSA 510:4 shall create a rebuttable presumption that such service was lawful and adequate. As used in this section the term "legal proceeding" includes, but is not limited to, any action at law or in equity or for the enforcement of any provision of RSA 48-A:14, or any housing code adopted by a municipality pursuant to RSA 48-A, or for the enforcement of any municipal health code, building code, or fire or life safety code. A municipality may establish a reasonable filing fee to cover the cost to the town or city clerk of maintaining a record of the filings required by this section.||IV. [Repealed.]|||Source. 2010, 203:2, eff. Jan. 1, 2011. 2011, 247:3, eff. July 13, 2011. 2014, 77:4, eff. Jan. 1, 2015.|
NH Rev Stat § 540:1-c (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|Section 540:1-c - Penalty.

    540:1-c Penalty. –||The governing body of a municipality may establish a fine not to exceed $100 for the failure to file a statement designating an agent for service of process as required under RSA 540:1-b. Any such fine may be collected in the same manner as a fine for violation of a municipal ordinance, and shall be for the use of the municipality.|||Source. 2014, 77:3, eff. Jan. 1, 2015.|
NH Rev Stat § 540:3 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|Section 540:3 - Eviction Notice.

    540:3 Eviction Notice. –||I. If a nonresidential tenant neglects or refuses to pay rent due and in arrears, upon demand, 7 days' notice shall be sufficient; if the rent is payable more frequently than once in 3 months, whether such rent is due or not, a notice equal to the rent period shall be sufficient, and 3 months' notice shall be sufficient in all cases.||II. For all residential tenancies, 30 days' notice shall be sufficient in all cases; provided, however, that 7 days' notice shall be sufficient if the reason for the termination is as set forth in RSA 540:2, II(a), (b), or (d).||III. The eviction notice shall state with specificity the reason for the eviction.||IV. If the eviction notice is based on nonpayment of rent, the notice shall inform the tenant of his or her right, if any, to avoid the eviction by payment of the arrearages and liquidated damages in accordance with RSA 540:9.||V. For the purpose of interpreting or enforcing any lease or rental agreement for residential tenants in effect on July 1, 2006, a notice to quit shall be deemed an eviction notice under this section.|||Source. RS 209:2. CS 222:2. GS 231:2. GL 250:2. PS 246:3. PL 357:3. 1939, 63:1. RL 413:3. RSA 540:3. 1979, 305:2. 1985, 249:3. 1988, 100:1. 2006, 192:3, eff. Jan. 1, 2007.|
NH Rev Stat § 540:4 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|Section 540:4 - Demand.

    540:4 Demand. –||Such demand shall be sufficient if made upon the tenant or occupant at any time after the rent becomes due and prior to or simultaneously with the service of such eviction notice.|||Source. 1915, 37:1. PL 357:4. RL 413:4. 1999, 6:1. 2006, 192:1, eff. Jan. 1, 2007.|
NH Rev Stat § 540:5 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|Section 540:5 - Service of Demand and Eviction Notice.

    540:5 Service of Demand and Eviction Notice. –||I. Any notice of a demand for rent or an eviction notice may be served by any person and may be served upon the tenant personally or left at his or her last and usual place of abode. In the case of commercial rental property, service of process may be made at such property provided that a copy of the demand for rent or eviction notice shall be sent by certified mail to the commercial tenant at his or her last known legal address or, for non-residents, by certified mail to the tenant's registered agent if there is a registered agent for the tenant duly registered with the New Hampshire secretary of state or, if there is no such registered agent, by certified mail to the tenant's last known legal address. 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. A notice of a demand for rent shall be sufficient if served upon the tenant at any time after the rent becomes due and prior to or simultaneously with the service of an eviction notice.||II. The district court shall provide forms for a demand for rent and eviction notice in the district court clerks' offices and on the New Hampshire judicial branch website. Although a landlord shall not be required to use the forms, a valid demand for rent or eviction notice shall include the same information as is requested and provided on such forms.|||Source. 1915, 37:1. PL 357:5. RL 413:5. RSA 540:5. 1979, 305:3. 1999, 6:2. 2006, 192:2, eff. Jan. 1, 2007. 2011, 208:1, eff. Jan. 1, 2012. 2013, 87:1, eff. Aug. 19, 2013.|
NH Rev Stat § 540:6 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|Section 540:6 - Repealed by 1985, 249:10, I, eff. Aug. 6, 1985.

    540:6 Repealed by 1985, 249:10, I, eff. Aug. 6, 1985. –|
NH Rev Stat § 540:7 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|Section 540:7 - Demand of Rent.

    540:7 Demand of Rent. –||Where, to constitute a forfeiture for a violation of the condition of a written lease, a demand of rent is required such demand may be made as provided RSA 540:5.|||Source. 1905, 57:1. PL 357:7. RL 413:7.|
NH Rev Stat § 540:8 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|Section 540:8 - Time of.

    540:8 Time of. –||Such demand may be made when the rent is due or while it is in arrears, but the lessor shall not demand a greater sum than the whole rent in arrears when demand is made.|||Source. 1905, 57:1. PL 357:8. RL 413:8.|
NH Rev Stat § 540:9 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|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 immediately drawable funds, including any form of payment specified in 540:9-a, I, all rent due and owing through the time of such payment plus other lawful charges contained in the lease, $15 liquidated damages, and any filing fee and service charges incurred by the landlord in connection with the possessory action; and||(b) The landlord also submits prior to the hearing date a receipt of such payment to court and states in writing that a copy of same receipt has also been forwarded to the tenant prior to the time and date of the hearing on the merits. If the landlord fails to file such receipt the hearing on the merits shall proceed, and if the tenant proves that payment has been made in accordance with subparagraph (a), the case shall be dismissed.||II. Notwithstanding the provisions of paragraph I, a tenant may not defeat an eviction for nonpayment of rent by use of this section more than 3 times within a 12-month period.|||Source. 1905, 57:1. PL 357:9. RL 413:9. RSA 540:9. 1985, 249:4. 2000, 155:1, eff. Jan. 1, 2001. 2021, 152:2, Pt. I, Sec. 1, eff. July 23, 2021.|
NH Rev Stat § 540:9-a (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|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 any organization which disburses federal or state funds, and any application by a municipality of amounts owed to it by a landlord pursuant to RSA 165:4-a, shall constitute payment by the tenant of the amount represented in the voucher, and of any amount applied by a municipality to delinquent balances of the landlord; provided, that this section shall not be construed to obligate a landlord to accept partial rental payments.||II. In any eviction based on non-payment of rent, it shall be an affirmative defense that:||(a) The tenant tendered timely payment pursuant to paragraph I, and such payment was refused; or||(b) The tenant could have tendered timely payment pursuant to paragraph I had the landlord provided ordinary and reasonable verification of rental information requested by the agency.|||Source. 1988, 100:2. 1992, 184:3. 2000, 48:1. 2006, 192:1, eff. Jan. 1, 2007. 2007, 153:1, eff. Aug. 17, 2007. 2021, 152:2, Pt. I, Sec. 2, eff. July 23, 2021.|
NH Rev Stat § 540:10 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|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. –|
NH Rev Stat § 540:11 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|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, may be terminated by the lessee upon 30 days notice; provided that if the date of termination given in the notice does not coincide with the rent due date, the lessee is responsible for the rent for the entire month in which the notice expires, up to the next rent due date, unless the terms of the lease provide otherwise.|||Source. RS 209:6. CS 222:6. GS 231:6. GL 250:6. PS 246:6. PL 357:11. RL 413:11. 2018, 18:1, eff. July 14, 2018.|
NH Rev Stat § 540:11-a (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|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 is called to active duty.||(c) A member of the armed services on active duty who is reassigned to a location out of the state.||II. The lessee or tenant shall give notice of termination within 7 days of receipt of notice of being called to active duty or being reassigned out of the state.||III. The lessee or tenant shall terminate the lease or rental agreement by a written notice in accordance with the Servicemembers Civil Relief Act, Public Law 108-189, Section 305.|||Source. 2004, 135:1, eff. Jan. 1, 2005.|
NH Rev Stat § 540:12 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|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. GS 231:7. GL 250:7. PS 246:7. PL 357:12. 1939, 53:2. RL 413:12.|
NH Rev Stat § 540:13-a (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|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 faith what the tenant reasonably believes to be a violation of RSA 540-A or an unreasonable and substantial violation of a regulation or housing code to the landlord or any board, agency or authority having powers of inspection, regulation or enforcement as to the reasonable fitness of said residential property for health or safety;||II. Initiating an action in good faith pursuant to RSA 540-A or availing himself of the procedures of RSA 540:13-d; or||III. Meeting or gathering with other tenants for any lawful purpose.|||Source. 1972, 26:1. 1979, 305:4, eff. Aug. 21, 1979.|
NH Rev Stat § 540:13-b (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|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 retaliation of the tenant's action shall be created when any possessory action, increase in rent or any substantial alteration in the terms of the tenancy is instituted by a landlord within 6 months after:||I. The landlord received notice of any such alleged violation provided that:||(a) The tenant mailed, gave in hand to, or left at the abode of the landlord notice of the report or complaint of the alleged violation; or||(b) The landlord received notice of the complaint or report from the board, agency or authority; or||II. The landlord completed repairs or otherwise successfully remedied such violation; or||III. The landlord received notice that the tenant had initiated an action pursuant to RSA 540-A; or||IV. The discovery by the landlord of activity protected by RSA 540:13-a, III.|||Source. 1972, 26:1. 1979, 305:4. 1985, 249:5, eff. Aug. 6, 1985.|
NH Rev Stat § 540:13-d (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|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 forth in RSA 48-A or in local codes, ordinances or bylaws established pursuant thereto, and such violation materially affects the habitability of said premises, provided that:||(a) The tenant proves by clear and convincing evidence that, while not in arrears in rent, he provided notice of the violation to the person to whom he customarily pays rent; and||(b) The landlord failed to correct the violations within 14 days of the receipt of such written notice or, in an emergency, as promptly as conditions require; and||(c) The violations were not caused by the tenant, a member of the tenant's family or other person on the premises with the tenant's consent; and||(d) Necessary repairs have not been prevented due to extreme weather conditions or due to the failure of the tenant to allow the landlord reasonable access to the premises.||II. If a defendant raises a defense provided in paragraph I of this section, the court may order the action continued for a reasonable time not to exceed one month to enable the plaintiff to remedy the violation. At the time such continuance is ordered, the court shall require the person claiming a defense under this section to pay into court any rent withheld or becoming due thereafter as it becomes due. Upon a finding by the court that the violation has been remedied within the continuance period, the court shall dismiss the possessory action and either award the withheld rent money to the plaintiff or apportion the rent paid into court by paying to the plaintiff the fair rental value of the premises while in the substantially defective condition and by awarding the remainder of said funds to the defendant as damages for plaintiff's breach of his warranty of habitability. If the violation has not been remedied within such period, the court shall enter judgment for the defendant and refund to the defendant all money deposited.|||Source. 1979, 305:5. 1985, 249:6, 7, eff. Aug. 6, 1985.|
NH Rev Stat § 540:14 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|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 rent, the court shall state the actual amount of the tenant's current weekly rent or, if rent is not paid on a weekly basis, the equivalent weekly rent amount, which must be paid into the court if an appeal is taken pursuant to RSA 540:20 and 540:25. The judgment may be enforced, at the sole discretion of the plaintiff, either by directing the sheriff to serve the writ of possession or by seeking judicial relief against the defendant for civil contempt. A writ of possession shall authorize the sheriff to remove the defendant from the premises.||II. Whenever the tenant successfully raises the defense of retaliation pursuant to RSA 540:13-a, damages of not more than 3 months' rent may be awarded to the tenant.||III. If the plaintiff makes a successful claim for unpaid rent as well as possession, or the defendant makes a successful counterclaim, the court shall issue a money judgment at the same time that it makes its ruling regarding possession of the premises.||IV. If the court renders judgment against any one tenant or member of a multiperson household pursuant to RSA 540:2, VII(d), the court shall specify in its order that the writ of possession shall only be used to remove the tenant or household member against whom the judgment issued, and that the other tenants or household members may remain in residence.|||Source. RS 209:10, 11. CS 222:10, 11. GS 231:9. GL 250:9. PS 246:9. PL 375:14. RL 413:14. RSA 540:14. 1957, 244:24. 1979, 305:6. 1991, 373:1. 1998, 25:3, 4, eff. Jan. 1, 1999. 2010, 285:2, eff. Oct. 6, 2010.|
NH Rev Stat § 540:15 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|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.|
NH Rev Stat § 540:16 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|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.|
NH Rev Stat § 540:16-a (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|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 and the mode of its preparation;||II. It was made at or near the time of the receipt of the complaint; and||III. In the opinion of the court, the sources of information, method and time of preparation, and proximity in time of the complaint to the alleged tenant behavior, were such as to justify its admission.|||Source. 1985, 249:8, eff. Aug. 6, 1985.|
NH Rev Stat § 540:17 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|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 the next return day, and to prosecute his action in said court, and to pay all rent then due or which shall become due pending the action, and the damages and costs which may be awarded against him.|||Source. RS 209:14. CS 222:14. GS 231:12. GL 250:12. PS 246:12. PL 357:17. RL 413:17. 1947, 121:15. RSA 540:17. 1957, 244:25, eff. Sept. 23, 1957.|
NH Rev Stat § 540:18 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|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. CS 222:16. GS 231:14. GL 250:14. PS 246:14. PL 357:18. RL 413:18. RSA 540:18. 1957, 244:26, eff. Sept. 23, 1957.|
NH Rev Stat § 540:19 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 540 - Actions Against Tenants|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.|