reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 539 - Wilful Trespass › Section 539:4 - Stone, Etc.

539:4 Stone, Etc. –
Whoever shall willfully and unlawfully dig or carry away any stone, including stone from a stone wall, ore, gravel, clay, sand, turf, mold, or loam upon or from land holden in common or from the land of another person, or shall aid therein, shall forfeit to the person injured treble damages based on the cost of materials and restoration, and including attorney's fees and costs.
Source.
RS 207:4. CS 220:4. GS 229:4. GL 248:4. PS 244:4. PL 355:4. RL 411:4. 2009, 294:1, eff. Sept. 29, 2009.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 539 - Wilful Trespass › Section 539:5 - State Lands.

539:5 State Lands. –
Whoever shall, without authority, wilfully enter into or upon, or take possession of, land belonging to the state, and continue in possession thereof without right for the space of three months, shall forfeit one hundred dollars, to the use of the state.
Source.
RS 207:6. CS 220:6. GS 229:5. GL 248:5. PS 244:5. PL 355:5. RL 411:5.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 539 - Wilful Trespass › Section 539:6 - No Right Acquired by Adverse Possession of State Lands.

539:6 No Right Acquired by Adverse Possession of State Lands. –
No right shall be acquired by such entry or possession, nor by any adverse possession of such land, as against the state or its grantees.
Source.
RS 207:7. CS 220:7. GS 229:6. GL 248:6. PS 244:6. PL 355:6. RL 411:6.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 539 - Wilful Trespass › Section 539:7 - Theft of Utility Services.

539:7 Theft of Utility Services. –
I. A person shall be guilty of a misdemeanor, if a natural person, or a felony, if any other person, who:
(a) Knowingly injures, destroys, or causes to be injured or destroyed any meter, pipe, conduit, wire, line, post, lamp or other device or attachment belonging to a person or corporation engaged in the manufacture or sale of electricity, gas, water, or telephone communications services;
(b) Knowingly interferes with the proper action or just registration of any meter or other recording device belonging to a person or corporation described in subparagraph (a);
(c) Knowingly participates in causing the prohibited result in either subparagraph (a) or (b); or
(d) Without the consent of the person or corporation described in subparagraph (a), knowingly diverts, causes to be diverted, or allows to be diverted for his use any utility service from such person or corporation.
II. The existence of any of the results prohibited in paragraph I with reference to meters, recording devices or attachments shall be evidence that the person to whom such utility service is at the time being furnished by or through such meters, recording devices, or attachments, has knowingly created or caused to be created the conditions so existing; provided that the evidence referred to in this paragraph shall not apply to any person who has been furnished with electric, gas, water or telephone service for less than 31 days, or until the first meter reading has been made; and, provided further that the evidence referred to in this paragraph shall not apply to any person whose electric meter, recording devices and attachments are on the property of another person or under the control of another person.
III. Nothing in this section shall limit any civil right of action lying in favor of any utility as a result of damage occurring from any act prohibited under paragraph I. Damages shall include the cost of the utility service wrongfully used, the cost of the equipment repair or replacement as necessary, attorney's fees, and all costs to the utility, including labor in undertaking and completing the investigation resulting in a determination of liability under this section.
IV. Nothing in this section shall limit or restrict the prosecution of a person under RSA 637:8.
Source.
1901, 41:1. PL 355:7. RL 411:7. RSA 539:7. 1973, 529:124. 1981, 448:1. 1985, 134:1, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 539 - Wilful Trespass › Section 539:8 - Limitation of Actions.

539:8 Limitation of Actions. –
No action under the provisions of this chapter shall be maintained unless begun within two years after the cause of action accrued.
Source.
RS 207:9. CS 220:9. GS 229:7. GL 248:7. PS 244:7. PL 355:8. RL 411:8.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 539 - Wilful Trespass › Section 539:9 - Agricultural Vandalism; Penalties.

539:9 Agricultural Vandalism;  Penalties. –
I. Whoever shall recklessly cut, fell, destroy, injure, damage, cause to be damaged, carry away, consume, tamper with, worry, or vandalize any legal crop or legal crop bearing tree or plant, Christmas tree, cropland, pasture or pasture land, livestock or other farm raised animals, as defined in RSA 21:34-a, and all farm buildings, enclosures, structures, or equipment used in the care and production of crops, livestock or other farm raised animals, or aid in such action without permission of the owner, shall forfeit to the person injured a minimum of $500 or up to 10 times the market value or repair cost, whichever amount is higher.
II. A person who violates the provisions of paragraph I shall also be guilty of a class B felony if the actual loss or cost of repair is $10,000 or more, or a misdemeanor if the actual loss or cost of repair is less than $10,000.
Source.
2003, 181:1, eff. Jan. 1, 2004. 2019, 167:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540 - Actions Against Tenants › Section 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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540 - Actions Against Tenants › Section 540:20 - Appeal.

540:20 Appeal. –
Any party to an action brought pursuant to this chapter shall, within 7 days of the date of the notice of judgment, file in the district court a notice of intent to appeal to the supreme court. Until the appeal is perfected by the filing of a notice of appeal in the supreme court, the district court shall retain exclusive jurisdiction of the case. After the filing of the notice of appeal in the supreme court, the district court shall retain jurisdiction of the matter for the purposes of collecting rent pending appeal. In all other respects, the judgment of the district court shall be final at the expiration of the appeal period.
Source.
RS 209:17. CS 222:17. GS 231:15. GL 250:15. PS 246:15. PL 357:20. RL 413:20. RSA 540:20. 1957, 244:27. 1965, 327:3. 1992, 284:45. 1998, 25:5, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540 - Actions Against Tenants › Section 540:22 - Neglect to Enter Appeal.

540:22 Neglect to Enter Appeal. –
If the appellant neglects to enter his appeal or to produce such copies the court, on complaint of the appellee, shall affirm the former judgment, with additional damages and costs.
Source.
RS 209:21. CS 222:21. GS 231:19. GL 250:19. PS 246:19. PL 357:22. RL 413:22.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540 - Actions Against Tenants › Section 540:23 - Plaintiff's Damages.

540:23 Plaintiff's Damages. –
If a defendant files a plea of title or appeals, and the plaintiff recovers judgment against the defendant, the court shall cause plaintiff's damages, exemplary or otherwise, including a just compensation for the use and detention of the property and for any injury thereto, to be assessed and may issue execution therefor, or the same may be recovered on the recognizance taken as before provided.
Source.
GS 231:20. GL 250:20. PS 246:20. PL 357:23. RL 413:23. RSA 540:23. 1992, 284:46, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540 - Actions Against Tenants › Section 540:24 - Recognizance, by Plaintiff.

540:24 Recognizance, by Plaintiff. –
The plaintiff, before his appeal is allowed, shall recognize to the defendant, with sufficient sureties, in such sum as the court may order, to enter and prosecute his appeal, and to pay such costs as may be awarded against him.
Source.
RS 209:18. CS 222:18. GS 231:16. GL 250:16. PS 246:16. PL 357:24. RL 413:24. RSA 540:24. 1957, 244:28, eff. Sept. 23, 1957.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540 - Actions Against Tenants › Section 540:26 - Other Remedies.

540:26 Other Remedies. –
Nothing in this chapter shall be construed to prevent a landlord from pursuing his legal remedy at common law.
Source.
RS 209:22. CS 222:22. GS 231:21. GL 250:21. PS 246:21. PL 357:26. RL 413:26.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540 - Actions Against Tenants › Section 540:27 - Landlord's Grantee.

540:27 Landlord's Grantee. –
Whenever the estate occupied by a tenant at will or sufferance is conveyed by the landlord his grantee shall have the rights and remedies which the grantor would have had, under the provisions of this chapter, if the estate had not been conveyed.
Source.
1865, 4084:1. GS 231:22. GL 250:22. PS 246:22. PL 357:27. RL 413:27.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540 - Actions Against Tenants › Section 540:28 - Lease Provisions.

540:28 Lease Provisions. –
No lease or rental agreement, oral or written, shall contain any provision by which a tenant waives any of his rights under this chapter, and any such waiver shall be null and void.
Source.
1985, 244:9, eff. Aug. 6, 1985.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540 - Actions Against Tenants › Section 540:29 - Conflict of Laws.

540:29 Conflict of Laws. –
Any provisions of federal law relating to rental units owned, operated or subsidized by the federal government which are inconsistent with or contrary to the provisions of this chapter shall supersede the provisions of this chapter. Where not inconsistent, the provisions of federal law shall apply in conjunction with the provisions of this chapter.
Source.
1985, 244:9, eff. Aug. 6, 1985.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540 - Actions Against Tenants › Section 540:30 - Unauthorized Practice of Law; Exception; Certain Employees and Members of Limited Liability Companies, Corporations, or Partnerships.

540:30 Unauthorized Practice of Law;  Exception;  Certain Employees and Members of Limited Liability Companies, Corporations, or Partnerships. –
Notwithstanding RSA 311:7, a person of good character who is not approved to practice law in New Hampshire, but is a member or employee of a limited liability company, corporation, or partnership, which has 5 or fewer members, shall, with the proper written authorization from the organization, be authorized to represent the entity on matters in the circuit court of New Hampshire arising under this chapter; provided that each such appearance shall require a new written authorization.
Source.
2014, 164:1, eff. Sept. 9, 2014.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540-A - Prohibited Practices and Security Deposits › Section 540-A:1 - Definitions.

540-A:1 Definitions. –
As used in this subdivision:
I. "Landlord" means an owner, lessor or agent thereof who rents or leases residential premises including manufactured housing or space in a manufactured housing park to another person.
II. "Tenant" means a person to whom a landlord rents or leases residential premises, including manufactured housing or a space in a manufactured housing park.
III. "Premises" means the part of the landlord's property to which the tenant is entitled exclusive access for living or storage as a result of the rental or lease agreement.
Source.
1979, 305:1. 1985, 100:3, eff. July 9, 1985.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540-A - Prohibited Practices and Security Deposits › Section 540-A:2 - General Prohibition.

540-A:2 General Prohibition. –
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.
Source.
1979, 305:1, eff. Aug. 21, 1979.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540-A - Prohibited Practices and Security Deposits › Section 540-A:3-a - Testing for Presence of Lead in Drinking Water.

540-A:3-a Testing for Presence of Lead in Drinking Water. –
Any time a child tests positive for lead which exceeds the standards established in RSA 130-A:5, I, the department of health and human services shall test the water in the unit for lead. If the presence of lead in the drinking water exceeds the action level established by the Environmental Protection Agency, the landlord shall notify the tenant or prospective tenant and shall install on the kitchen faucet a filtering device certified to reduce lead by NSF International/American National Standards Institute and follow all standards for the replacement of the filtering device and cartridges. The landlord shall not be required to maintain or install water filters where the source of the lead has been removed and the water tests below the action level established by the Environmental Protection Agency, as verified by the department of health and human services.
Source.
2018, 4:19, eff. Apr. 9, 2018.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540-A - Prohibited Practices and Security Deposits › Section 540-A:5 - Definitions.

540-A:5 Definitions. –
As used in this subdivision:
I. "Landlord" means a person and his or its employees, officers or agents who rents or leases to another person a rental unit, including space in a manufactured housing park as regulated by RSA 205-A and in manufactured housing, for other than vacation or recreational purposes. A person who rents or leases a single-family residence and owns no other rental property or who rents or leases rental units in an owner-occupied building of 5 units or less shall not be considered a "landlord" for the purposes of this subdivision, except for any individual unit in such building which is occupied by a person or persons 60 years of age or older.
II. "Security deposit" means all funds in excess of the monthly rent which are transferred from the tenant to the landlord for any purpose.
III. "Tenant" means any person who rents or leases residential premises owned by another, including space in a manufactured housing park regulated by RSA 205-A and in manufactured housing, for other than vacation or recreational purposes.
IV. "Rental unit" means each separate part of any residential premises which has full facilities for habitation, including contiguous living, sleeping, kitchen and bathroom facilities, which is held out for rental by the landlord.
Source.
1985, 100:6, eff. July 9, 1985.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540-A - Prohibited Practices and Security Deposits › Section 540-A:7 - Return of Security Deposit.

540-A:7 Return of Security Deposit. –
I. Except as provided in RSA 540-A:6, IV(c), a landlord shall return a security deposit to a tenant and pay the interest due, if any, within 30 days from the termination of the tenancy. If there are any damages to the premises, excluding reasonable wear and tear, the landlord may deduct the costs of repair from the security deposit. The landlord shall provide the tenant with a written, itemized list of any damages for which the landlord claims the tenant is liable, which shall indicate with particularity the nature of any repair necessary to correct any damage and satisfactory evidence that repair necessary to correct these damages has been or will be completed. Satisfactory evidence may include, but not be limited to, receipts for purchased repair materials and labor estimates, bills or invoices indicating the actual or estimated cost thereof.
II. If the tenant is required under the lease agreement to pay all or part of any increase in real estate taxes levied against the property and becoming due and payable during the term of the lease, or if there is unpaid rent due, or if there are other lawful charges due under the lease which remain unpaid, the landlord may deduct such share of real estate taxes or unpaid rent or unpaid charges from the amount of the security deposit. The landlord shall provide the tenant with a written, itemized list of any claim for unpaid rent or share of real estate taxes or unpaid charges for which the landlord claims the tenant is liable, which shall indicate with particularity the period for which the claim is being made.
Source.
1985, 100:6. 1988, 167:2. 2006, 296:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540-A - Prohibited Practices and Security Deposits › Section 540-A:8 - Remedies.

540-A:8 Remedies. –
I. (a) Any landlord who does not comply with RSA 540-A:6, I, II or III shall be deemed to have violated RSA 358-A:2.
(b) Any landlord who does not comply with RSA 540-A:6, IV or RSA 540-A:7 shall be liable to the tenant in damages in an amount equal to twice the sum of the amount of the security deposit plus any interest due under this subdivision, less any payments made and any charges owing for damages, unpaid rent, or share of real estate taxes as specified in RSA 540-A:7.
II. Notwithstanding RSA 540-A:6, 540-A:7, and 540-A:8, I, a landlord shall not be liable nor forfeit any rights if his failure to comply with said sections and paragraph is due to the failure of the tenant to notify the landlord of his new address upon termination of the tenancy. Any deposits plus interest due on the deposit that remain unclaimed after 6 months from the termination of the tenancy shall become the property of the landlord, free and clear of any claim of the tenant, absent fraud.
III. Any provision in any lease or rental agreement by which the tenant is purported to waive any of his rights under this subdivision, except as provided in RSA 540-A:6, III(d), shall be void.
Source.
1985, 100:6, eff. July 9, 1985.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540-B - Rental of Shared Facilities › Section 540-B:1 - Definition; Shared Facility.

540-B:1 Definition;  Shared Facility. –
I. A "shared facility" means real property rented for residential purposes which has separate sleeping areas for each occupant and in which each occupant has access to and shares with the owner of the facility one or more significant portions of the facility in common, such as kitchen, dining area, bathroom, or bathing area, for which the occupant has no rented right of sole personal use.
II. A shared facility shall not include:
(a) Facilities rented to transient guests intended for use of less than 90 days.
(b) Rooms in hotels, motels, inns, tourist homes, and other dwellings rented for recreational or vacationing use.
(c) Rooms provided ancillary to other primary purposes such as jails, student dormitories, nursing homes, hospitals, group homes, and emergency shelters.
Source.
2001, 277:3, eff. Jan. 1, 2002.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540-B - Rental of Shared Facilities › Section 540-B:2 - Nature of Tenancy.

540-B:2 Nature of Tenancy. –
Every tenancy shall be deemed to be at will, and the rent payable as agreed, unless a written contract defines the terms of the tenancy differently. Except as otherwise provided, a verbal rental agreement shall be permitted.
Source.
2001, 277:3, eff. Jan. 1, 2002.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540-B - Rental of Shared Facilities › Section 540-B:3 - Termination of Tenancy; Notice of Termination.

540-B:3 Termination of Tenancy;  Notice of Termination. –
I. The owner or agent of the owner of a shared facility may terminate any tenancy without stating any reason. A written 30-day notice of termination shall be required.
II. The owner or agent of the owner of a shared facility may terminate any tenancy for nonpayment of rent. A written 7-day notice of termination shall be required.
III. The owner or agent of the owner of a shared facility may terminate any tenancy for damage to the premises, or behavior of the occupant or guest of any family member of the occupant which adversely affects the health or safety of the other occupants or the owner or the agent of the owner, or material breech of any rental agreement. A written 72-hour notice of termination shall be required.
IV. The process for termination of tenancy of a shared facility described by paragraphs I-III shall apply in place of the eviction process detailed in RSA 540. Shared facilities governed by this chapter shall not be subject to the eviction process of RSA 540.
Source.
2001, 277:3, eff. Jan. 1, 2002. 2021, 63:1, eff. Jan. 1, 2022.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540-B - Rental of Shared Facilities › Section 540-B:4 - Termination by Occupant.

540-B:4 Termination by Occupant. –
An occupant may terminate any at will tenancy by a written 30-day notice or in accordance with any notice requirement of a written rental agreement.
Source.
2001, 277:3, eff. Jan. 1, 2002.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540-B - Rental of Shared Facilities › Section 540-B:5 - Service of Notice.

540-B:5 Service of Notice. –
I. The owner or agent of the owner of a shared facility shall give the notice of termination personally to the occupant or attach the notice to the primary entrance to the occupant's separated area.
II. The occupant shall give the notice of termination by the same method used to pay rent or in accordance with any written rental agreement.
Source.
2001, 277:3, eff. Jan. 1, 2002.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540-B - Rental of Shared Facilities › Section 540-B:6 - Possessory Rights.

540-B:6 Possessory Rights. –
The occupant shall have no possessory rights to any portion of a shared facility. The owner or agent of the owner may request law enforcement intervention for any behavior if such action is deemed necessary. The law enforcement officer shall not be precluded from any normal response based on the fact of the rental agreement.
Source.
2001, 277:3, eff. Jan. 1, 2002.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540-B - Rental of Shared Facilities › Section 540-B:7 - Remedies.

540-B:7 Remedies. –
I. Violations of this chapter shall be subject to the remedies set forth in RSA 540-A:4, however, a tenant of a shared facility must identify in the petition, which may be by a checkbox on the circuit court's form petition, that their rental is governed by RSA 540-B.
II. A tenant shall not enjoy the remedies set forth in RSA 540-A:4 in regard to tenant lockout if the owner or agent of the owner of the shared facility has complied with the requirements of RSA 540-B:3.
Source.
2001, 277:3, eff. Jan. 1, 2002. 2021, 63:2, eff. Jan. 1, 2022.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540-B - Rental of Shared Facilities › Section 540-B:8 - Possession.

540-B:8 Possession. –
The owner or agent of the owner of a shared facility may take possession of the separated areas used by the occupant at the end of the notice period. The owner or agent of the owner may request law enforcement intervention as necessary.
Source.
2001, 277:3, eff. Jan. 1, 2002.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540-B - Rental of Shared Facilities › Section 540-B:9 - Personal Property.

540-B:9 Personal Property. –
The owner or agent of the owner of a shared facility shall retain and exercise reasonable care in the storage of the personal property of the occupant who has vacated the premises for a period of 3 days after the date on which such occupant has vacated. After the 3-day period, the owner or agent of the owner of a shared facility may dispose of such property without notice to the occupant.
Source.
2001, 277:3, eff. Jan. 1, 2002.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540-B - Rental of Shared Facilities › Section 540-B:10 - Security Deposit.

540-B:10 Security Deposit. –
The owner or agent of the owner of a shared facility may require a security deposit in an amount to be determined by the owner or agent of the owner. If the deposit amount is more than the equivalent of 30 days rent, there shall be a written instrument acknowledging receipt and explaining where the deposit shall be maintained and when it shall be returned. If there is no written agreement, the deposit shall be returned within 20 days after the occupant has vacated.
Source.
2001, 277:3, eff. Jan. 1, 2002.