N.H. Rev. Stat. Ann. § 540: § 540:16
General Issue.
Operative Text
Under the general issue, the defendant shall not offer evidence which may bring the title to the demanded premises in question.
Under N.H. Rev. Stat. Ann. § 540:16, when a tenant raises a general defense in an eviction proceeding, the scope of that defense is limited — the tenant cannot introduce evidence that would call into question who actually owns or holds title to the property. The rule keeps eviction proceedings focused on tenancy-related issues rather than turning them into disputes about property ownership. This is a procedural boundary on what arguments and evidence are considered relevant in that forum.
Plain English — not legal advice.
N.H. Rev. Stat. Ann. § 540:16 provides a procedural protection for landlords in eviction proceedings: a tenant's general-issue defense cannot be used to drag ownership or title disputes into the case. Compliant operators generally proceed with eviction actions knowing that the court will not entertain challenges to the landlord's title under this defense. Understanding this boundary can help property managers anticipate the scope of defenses they may face in a summary eviction proceeding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.H. Rev. Stat. Ann. § 540:16, tenants defending against an eviction under the general issue are subject to a limitation: evidence that challenges who owns or holds title to the property is not permitted as part of that defense. This means that certain ownership-related arguments must be pursued in a different legal forum rather than as part of the eviction proceeding itself. Tenants who believe title or ownership is genuinely at issue may wish to consult a tenant-rights organization or legal aid provider to understand what other avenues may be available.
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.
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