RR
Rent Regulations

N.H. Rev. Stat. Ann. § 540: § 540:9

Payment After Notice.

In Force
Verified 10/20/2026 · Next check 10/27/2026
effective 10/20/2026New HampshireEviction & Just Cause

Operative Text

N.H. Rev. Stat. Ann. § 540: § 540:9
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: Legislative text reproduced verbatim
Plain English

Under N.H. Rev. Stat. Ann. § 540:9, an eviction case filed solely because a tenant did not pay rent must be dismissed if the tenant pays all overdue rent, lawful lease charges, $15 in liquidated damages, and the landlord's filing and service fees before the court hearing, and the landlord confirms that payment in writing to the court. However, this dismissal mechanism is capped: a tenant cannot use it more than three times within any rolling 12-month period, meaning a fourth nonpayment eviction within that window cannot be defeated this way.

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

Plain English — not legal advice.

For Property Managers

Landlords pursuing a possessory action under § 540:9 should be prepared to accept full payment—covering all rent owed, applicable lease charges, the $15 liquidated damages amount, and any filing or service fees—if tendered by the tenant before the hearing on the merits. Upon receiving such payment, a compliant landlord submits a receipt to the court and provides a copy to the tenant before the hearing date; failure to file that receipt shifts the burden to the tenant to prove payment, but the case can still be dismissed. Landlords should also track how many times a given tenant has used this cure mechanism, since § 540:9 limits its use to three times within a 12-month period.

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

For Tenants

Under § 540:9, a tenant facing eviction solely for nonpayment of rent has the opportunity to have the case dismissed by paying all amounts specified in the statute—back rent, lawful lease charges, $15 in liquidated damages, and the landlord's court costs—before the hearing on the merits. If a landlord does not file a receipt confirming payment, a tenant who can demonstrate that proper payment was made may still have the case dismissed at the hearing. This protection is available no more than three times in a 12-month period, so tenants who have already used it multiple times may want to consult a tenant-rights organization or legal aid provider to understand what options remain under § 540:9.

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 20, 2026
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References Out

No outbound references recorded yet for this provision.

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

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions

Source Information

Source:https://gc.nh.gov/rsa/html/LV/540/540-9.htm
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