N.H. Rev. Stat. Ann. § 540: § 540:13

Writ; Service; Discovery; Record; Default.

In Force
Verified 10/20/2026 · Next check 10/27/2026
effective 10/8/2026New HampshireSummary Process

Operative Text

N.H. Rev. Stat. Ann. § 540: § 540:13
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.
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, he or she shall file an appearance in the district court no later than the return day appearing on the writ and file an answer not more than 5 days after the return date stating the defendant's affirmative defenses and/or counterclaims.
(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.
(c) At the time the tenant files his appearance, he or she may request that the court make a sound recording of the eviction hearing by checking an appropriate box on the appearance form.
(d) If the tenant wishes to appeal the district court's decision, he or she shall:
(1) File a notice of intent to appeal with the district court within 7 days of the notice of the district's decision; and
(2) File a notice of appeal in the supreme court within 30 days of the notice of the district court's decision; and
(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.
(e) If the tenant files any post-judgement motions, including, but not limited to, a motion for reconsideration, the tenant shall pay all rent, as it comes due, between the date of the motion and the final ruling on the motion.
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 pled 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.
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, provided, absent good cause or agreement of the parties, any motion for continuance to allow time to complete discovery shall be filed no later than 5 days after the return day appearing on the writ. Any party that requests discovery shall state the defense, claim, or counterclaim relevant to the request.
IV-a. If the tenant raises a defense at the hearing on the merits that the landlord did not have prior notice of, the landlord shall be entitled to a continuance of the hearing not to be more than 7 days unless the landlord requests a longer time to prepare a response.
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 tenant shall be considered in default, and the court shall mail a notice of default to the addresses set forth on the summons the day following default. If both the plaintiff and defendant appeared at the hearing on the merits, the court shall mail a notice of judgment to the addresses set forth on the summons as soon as possible, but no later than 2 days after the hearing on the merits. Seven days after mailing such notice, if the prevailing party was the landlord, then the court shall enter judgment for the landlord and issue the writ of possession forthwith.
V-a. Any motion to continue or otherwise delay the hearing on the merits should not be granted without good cause or by agreement of the parties.
VI. In deciding any contested hearing, the court shall issue a written decision setting forth the basis for its decision.
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: Legislative text reproduced verbatim
Plain English

New Hampshire Revised Statutes § 540:13 establishes the procedural framework for eviction proceedings initiated by a writ of summons in district court. The writ must be accompanied by a court-issued notice (in at least 12-point type) explaining the tenant's rights, including deadlines to file an appearance and answer, appeal procedures, and rent-payment obligations during any appeal or post-judgment motion period. The court may award money judgments related to unpaid rent or tenant counterclaims, though such judgments are capped at $1,500 within the eviction proceeding itself, leaving larger claims to be pursued separately in a court of competent jurisdiction.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 20, 2026

Plain English — not legal advice.

For Property Managers

Under N.H. Rev. Stat. Ann. § 540:13, compliant landlords ensure that the writ of summons is accompanied by the required district court notice printed in no smaller than 12-point type before service by the sheriff. Operators who wish to recover unpaid rent typically elect to include that claim in the writ, understanding that the court will consider any tenant defenses or counterclaims that offset the amount owed, and that any money judgment within the eviction action is capped at $1,500. Landlords who accept partial rent payments while an eviction is pending generally provide written notice to the tenant that acceptance of payment does not create a new tenancy and that the eviction will continue, as permitted by § 540:13(VII).

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 540:13 of New Hampshire's eviction statutes requires that tenants receive a court-issued notice alongside the writ of summons, spelling out key deadlines: filing an appearance by the return day on the writ, filing an answer within 5 days of that return date, and, if appealing, filing a notice of intent to appeal within 7 days of the district court's decision. Tenants are not evicted unless the court orders it, but failing to file an appearance can result in a default judgment — making it important to understand these timelines. Tenants who believe they have defenses, counterclaims, or offsets against unpaid rent claims may raise them in the proceeding; those seeking guidance on how to navigate these options can consult a tenant-rights organization or legal aid provider familiar with § 540:13.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 20, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 8, 2026
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References Out

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References In

Rules and statutes that cite this regulation

N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:14
N.H. Rev. Stat. Ann. § 540:4
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:5
N.H. Rev. Stat. Ann. § 540:13-d
N.H. Rev. Stat. Ann. § 540:13-a
N.H. Rev. Stat. Ann. § 540:1-b
N.H. Rev. Stat. Ann. § 540:3
N.H. Rev. Stat. Ann. § 540:11-b
N.H. Rev. Stat. Ann. § 540:13-a
N.H. Rev. Stat. Ann. § 540:5
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:1-a
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:20
N.H. Rev. Stat. Ann. § 540:13-a
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:1-a
N.H. Rev. Stat. Ann. § 540:5
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:14
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:9
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:3
N.H. Rev. Stat. Ann. § 540

Related Rules

§ 1
Persons entitled to summary process
§ 3
Judgment and execution; costs; appeal
§ 5
Appeal; bond; actions thereon; waiver; appeal of waiver or periodic payments; notice of decision

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