Title LV, Proceedings in Special Cases

Where a writ of replevin has been issued ex parte and prior to hearing, the defendant or other person from whom possession of such property has been taken may apply to the court for an order shortening the time for hearing on the order to show cause; and the court may, upon such …

I. At any time prior to the hearing of the order to show cause, or before the delivery of the property to the plaintiff, the defendant may require the return thereof upon filing with the court a written undertaking executed by the defendant and secured by a proper assignment or c…

Any officer shall be exempt from liability to any person when acting in the proper performance of the directions of the court issued hereunder. He may require advance payment from a party of his costs of repossession and storage reasonably to be anticipated and, in any event, sha…

When the levying officer has taken property as provided in this chapter, he shall keep it in a secure place and deliver it to the party preliminarily determined to be entitled thereto, upon receiving his fees for taking and his necessary expenses for keeping the same, after expir…

The levying officer shall return the writ of replevin, with his proceedings thereon, to the court in which the action is pending, within twenty days after taking the property mentioned in the writ.

If the defendant shall prevail, he shall have judgment for the return of such personal property or part thereof, if he so elects, as remains in the possession of the applicant and such further damages as may be awarded him.

The provisions of this chapter shall apply to all cases of wrongful detention, including property attached in other actions of replevin or pursuant to other process of law and may be initiated at any stage of the proceedings and any violation of orders of the court issued hereund…

The complaint or application shall be executed under penalties of perjury or be verified by oath and shall state: I. That the applicant is the owner of the property claimed or entitled to the possession thereof and the source of such title or right and shall attach thereto a copy…

The court shall, without delay, issue an order directed to the defendant to show cause why the property should not be taken from the defendant and delivered to the applicant. Such order shall fix the date and time for the hearing thereon, which ordinarily shall be no sooner than …

Such preliminary notice issued pursuant to RSA 536-A:3 shall include a temporary order restraining the defendant from removing the property from the state or otherwise from its location, or transferring, selling, pledging, assigning or otherwise altering, damaging, disposing of, …

If the defendant fails to appear at the preliminary hearing, a writ of replevin shall issue. Otherwise, upon the hearing on the order to show cause, the court shall consider the showing made by the parties appearing, and shall make a preliminary determination which party, with re…

A writ of replevin shall not issue to enter the private premises or a building for the purpose of seizure of property unless the court shall first determine from competent evidence that there is probable cause to believe that the property or some part thereof is located on or in …

I. A writ of replevin shall not issue at any stage of the proceedings until the applicant has filed with the court a written undertaking executed by the applicant and secured by a proper assignment or conveyance of one or more sufficient securities, approved by the court, in an a…

The writ of replevin shall be directed to a sheriff, constable, or police officer within whose jurisdiction the property is located. It shall describe the specific property to be seized, and shall specify the location or locations where, as determined by the court from all the ev…

The levying officer shall forthwith take the property, if it be in the possession of the defendant or his agent, and retain it in his custody, either by removing the property to a place of safekeeping or, upon good cause shown, by installing a keeper. Provided that, when the prop…

Whoever shall knowingly throw down, damage, or leave open any fence, gate, or bar belonging to or enclosing land held in common, or belonging to another person, or shall aid in such act, shall forfeit to the person injured treble damages, and shall be guilty of a violation.

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 tre…

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.

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.

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 …

No action under the provisions of this chapter shall be maintained unless begun within two years after the cause of action accrued.

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 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 res…

This chapter shall apply to all dwelling units which are: I. Rented for recreational or vacation use at least one month out of the year; and II. Rented for residential purposes by persons who have no other residence, during part or all of the non-recreational or vacation period.

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 ki…

Every tenancy or occupancy shall be deemed to be at will, and the rent payable upon demand, unless a different contract is shown.

In this chapter: I. "Nonrestricted property" means all real property rented for nonresidential purposes and the following real property rented for residential purposes: (a) Single-family houses, if the owner of such a house does not own more than 3 single-family houses at any one…

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 cle…

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 ord…

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 e…

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 …

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 arm…

I. A tenant may terminate his or her lease or rental agreement when: (a) The tenant or household member within the most recent 150 days residing at the current premises, has been a victim of domestic violence as defined in RSA 173-B, sexual assault as defined in RSA 632-A, or sta…

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.

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 a…

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 goo…

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 r…

[Paragraph I effective until October 8, 2026; see also paragraph I set out below.] I. If the defendant defaults, or confesses judgment, or if on trial the court rules that the landlord has sustained his complaint, judgment shall be rendered that the landlord recover possession of…

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 …

I. In this section: (a) "Infestation of bed bugs" means the presence of bed bugs in real property rented for residential purposes. (b) "Remediation" means action taken by the landlord that substantially reduces the presence of bed bugs in a dwelling unit for at least 60 days. II.…

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 base…

If the plaintiff neglects to enter his action, or fails to support it, judgment shall be rendered for the defendant for his costs.

Under the general issue, the defendant shall not offer evidence which may bring the title to the demanded premises in question.

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 wit…

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 r…