The case starts with a writ of summons returnable in district court, and a tenant who wants to contest must file an appearance by the return day on the writ.
$150 landlord/tenant entry fee in the Circuit Court, District Division, plus $1 for the original writ. The $30 electronic filing surcharge does not apply to landlord/tenant entries.
Banned. A landlord may not willfully interrupt utilities (water, heat, light, electricity, gas, sewer, etc.) except temporarily during repairs or emergencies, or seize or deny the tenant access to the premises except through court process.
Yes. Unless the tenant owes a week's rent or more, retaliation is a defense to eviction when the tenant reported code or RSA 540-A violations, took good-faith legal action, or met with other tenants. An eviction, rent increase or substantial change in terms within 6 months is presumed retaliatory.
The state landlord-tenant statute (N.H. RSA chs. 540, 540-A, 540-B and 540-C, full-text search 2026-10-16) has no provision on holdover tenants (rent or damages after the lease ends). Local ordinances or other state or federal laws may still apply.
In an eviction for nonpayment, the tenant has a defense if the unit has substantial health and safety code violations that materially affect habitability, the tenant gave notice while not behind on rent, and the landlord didn't fix them within 14 days. The court can continue the case up to a month and requires the tenant to pay withheld rent into court.
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