New Hampshire Landlord and Tenant Writ (Possessory Action / Eviction Complaint)

NEW HAMPSHIRE LANDLORD AND TENANT WRIT — POSSESSORY ACTION (EVICTION COMPLAINT)

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. The Tenancy
4. Pre-Litigation Notices
5. Statutory Ground for Termination (RSA 540:2)
6. Specific Factual Allegations
7. Tenant Failure to Vacate / Failure to Cure
8. Damages — Itemized (Money Claim)
9. Affirmative Compliance with Statutory Defenses
10. Prayer for Relief
11. Verification
12. Required Attachments
13. Tenant Notice of Rights (Required by RSA 540:13, II)
14. Affidavit / Return of Service
15. New Hampshire Practice Notes
16. Sources and References

1. CAPTION

STATE OF NEW HAMPSHIRE

[COUNTY NAME] COUNTY

CIRCUIT COURT — DISTRICT DIVISION

[CITY/TOWN] DISTRICT

Docket No. [________________________________]

LANDLORD AND TENANT WRIT (NHJB-2333-DP)

Pursuant to RSA 540:13

2. PARTIES, JURISDICTION, AND VENUE

2.1 Plaintiff [LANDLORD NAME] is the owner / lessor / authorized agent of the rental premises located at [STREET ADDRESS, UNIT, CITY, NH ZIP] (the "Premises"). Plaintiff's address for service of pleadings is [LANDLORD ADDRESS], telephone [(___) ___-____], email [____________________].

2.2 Defendant [TENANT NAME] is, and at all relevant times was, the tenant of the Premises pursuant to a [written / oral / month-to-month / fixed-term] tenancy. Defendant's last known mailing address is the Premises, and the Defendant resides at the Premises.

2.3 Additional defendants are unknown occupants of the Premises designated as "All Other Occupants of [ADDRESS]" pursuant to NH District Division Rule 5.

2.4 Subject-matter jurisdiction is conferred on this Court by RSA 540:13 and the rules of the Circuit Court — District Division.

2.5 Venue lies in this District because (check all applicable):

☐ The Premises are located in this district;
☐ The Plaintiff resides in this district;
☐ The Defendant resides in this district.

3. THE TENANCY

3.1 Tenancy type (check one):

☐ Written lease for a fixed term commencing [__/__/____] and ending [__/__/____], a true and correct copy of which is attached as Exhibit A;
☐ Written lease, month-to-month / at-will, commencing [__/__/____] (Exhibit A);
☐ Oral month-to-month tenancy commencing [__/__/____].

3.2 Rent. The agreed rent is $[__________] per [month / week], due on the [____] day of each [month / week], payable to [LANDLORD] at [PAYMENT ADDRESS].

3.3 Security deposit. A security deposit of $[__________] was [received / not received] at the inception of the tenancy and is held in trust pursuant to RSA 540-A:6.

3.4 Property classification (RSA 540:1-a):

☐ Restricted property — Plaintiff must establish good cause under RSA 540:2, II.
☐ Non-restricted property — exempt from RSA 540:2, II good-cause requirement; specify exemption: ___________________________________________.

3.5 Lead-paint disclosure. For housing constructed before 1978, the landlord [has / has not] provided the federal lead-based-paint disclosure (24 C.F.R. Part 35; RSA 130-A) at the inception of the tenancy. Acknowledgment attached as Exhibit B (if applicable).

4. PRE-LITIGATION NOTICES

4.1 On [__/__/____], Plaintiff served upon Defendant a Notice to Quit and (in nonpayment cases) a Demand for Rent, true and correct copies of which are attached as Exhibit C and Exhibit D, respectively.

4.2 Method of service (RSA 540:5):

☐ Personal in-hand delivery;
☐ Substitute service at the Premises on a person of suitable age and discretion;
☐ Posting and first-class mail;
☐ Certified mail, return receipt requested, USPS tracking [________________].

A return of service is attached as Exhibit E.

4.3 Notice period. The Notice to Quit required Defendant to vacate by [__/__/____], which date is at least [7 / 30 / 60] days after completed service, in compliance with RSA 540:3.

4.4 The Notice to Quit complies in all material respects with RSA 540:3 and Form NHJB-2070-DE, including without limitation: identification of the Premises and Defendant; the statutory ground; specific factual basis; the date by which Defendant must vacate; tenant rights notice; and the landlord's signature and address. The Notice complies with the form-fidelity requirement of Horton v. Clemens, 173 N.H. 480 (2020).

5. STATUTORY GROUND FOR TERMINATION (RSA 540:2)

For restricted property, Plaintiff invokes the following enumerated good-cause ground (check only the ground(s) on which Plaintiff intends to proceed):

☐ (a) Nonpayment of rent — RSA 540:2, II(a). See Section 6.A below.

☐ (b) Substantial damage — RSA 540:2, II(b). See Section 6.B below.

☐ (c) Material lease breach — RSA 540:2, II(c). See Section 6.C below.

☐ (d) Behavior adversely affecting health/safety — RSA 540:2, II(d). See Section 6.D below.

☐ (e) Other good cause — RSA 540:2, II(e), narrowly construed per AIMCO Properties, LLC v. Dziewisz, 152 N.H. 587 (2005). Specify: ___________________________________________.

☐ (f) Owner / family-occupancy — RSA 540:2, II(f). See Section 6.F below.

☐ (g) Sale to non-rental purchaser — RSA 540:2, II(g). See Section 6.G below.

☐ (h) Substantial rehabilitation / withdrawal from market — RSA 540:2, II(h).

☐ (i) Lead-paint abatement requiring vacancy — RSA 540:2, II.

☐ (j) Pest-remediation refusal — RSA 540:2, II.

☐ Domestic-violence perpetrator — RSA 540:11-b.

For non-restricted property, Plaintiff terminates the at-will tenancy under RSA 540:1 and RSA 540:3, II, having given 30 days' written notice.

6. SPECIFIC FACTUAL ALLEGATIONS

A. Nonpayment (if invoked)

6.A.1 Defendant has failed to pay the rent due on the following dates in the following amounts:

6.A.2 Plaintiff served a Demand for Rent on [__/__/____] (Exhibit D); Defendant has not paid the arrearage and has not exercised the right to cure under RSA 540:9.

B. Substantial Damage (if invoked)

6.B.1 Defendant, members of Defendant's household, or guests have caused substantial damage to the Premises consisting of: [particularize each item of damage with date observed, location, condition, and estimated repair cost; attach photographs as Exhibit F and repair estimates as Exhibit G].

C. Material Lease Breach (if invoked)

6.C.1 Defendant has breached the following material lease provision(s):

• Lease Section [___]: [quote provision]. Breach: [specific facts, dates, witnesses].

D. Health/Safety (if invoked)

6.D.1 Defendant or members of Defendant's family have engaged in behavior adversely affecting the health or safety of other tenants or the landlord/representatives, including: [date / location / conduct / witnesses; attach police reports as Exhibit H if any].

F. Owner-Occupancy (if invoked)

6.F.1 [LANDLORD or FAMILY MEMBER NAME], who is [LANDLORD / family member relationship], intends in good faith to occupy the Premises as his/her primary residence beginning [__/__/____]. Affidavit of intent attached as Exhibit I.

G. Sale (if invoked)

6.G.1 Plaintiff has entered into a binding purchase-and-sale agreement dated [__/__/____] with [BUYER NAME] (Exhibit J). The purchaser intends to occupy the Premises as a primary residence / use it for non-rental purposes. Closing is scheduled for [__/__/____].

7. TENANT FAILURE TO VACATE / FAILURE TO CURE

7.1 The notice period expired on [__/__/____].

7.2 As of the filing of this Writ on [__/__/____], Defendant remains in possession of the Premises and has not delivered up possession to Plaintiff.

7.3 Defendant has not cured the underlying violation (where curable) or exercised the statutory right to cure for nonpayment under RSA 540:9.

7.4 Plaintiff is therefore entitled to a Writ of Possession returning the Premises to Plaintiff.

8. DAMAGES — ITEMIZED (MONEY CLAIM)

Plaintiff seeks money damages limited to $1,500 under RSA 540:13, IV in this possessory action; any excess is reserved for separate action.

Plaintiff reserves the right to recover damages in excess of $1,500 (including post-judgment damages, holdover use-and-occupancy, repair costs exceeding the security deposit, and attorney's fees if authorized by the lease) by separate small-claims action under RSA 503 or in the Superior Court.

9. AFFIRMATIVE COMPLIANCE WITH STATUTORY DEFENSES

9.1 Retaliation (RSA 540:13-a). Plaintiff affirmatively states this action is not retaliatory. Defendant has not engaged in protected activity within six (6) months prior to filing, OR Plaintiff is prepared to rebut any presumption with credible non-retaliatory evidence as set forth in Section 6 above.

9.2 Discrimination (RSA 354-A; 42 U.S.C. §§ 3601 et seq.). Plaintiff affirmatively states this action is not based on Defendant's race, color, religion, marital status, familial status, age, sex, sexual orientation, gender identity, national origin, ancestry, disability, or source of lawful income, and Plaintiff has applied tenancy criteria uniformly.

9.3 Domestic-violence safe harbor (RSA 540:11-b). Plaintiff affirmatively states that Defendant is not being evicted solely because Defendant or a member of Defendant's household is a victim of domestic violence, sexual assault, or stalking.

9.4 Warranty of habitability (Kline v. Burns, 111 N.H. 87 (1971)). Plaintiff affirmatively states that the Premises were and are habitable in compliance with the implied warranty of habitability, OR that any habitability defects do not bar this action because [specify: defect was caused by tenant; tenant did not give notice; defect has been remedied].

9.5 Self-help bar (RSA 540-A:3). Plaintiff has not engaged in any prohibited self-help, including lockouts, utility shutoffs, removal of belongings, or unauthorized entry.

9.6 Security deposit (RSA 540-A). Any security deposit is held in compliance with RSA 540-A:6, in a separate account or otherwise as permitted, and Plaintiff has not converted the deposit.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter Judgment in favor of Plaintiff and against Defendant for the following relief:

A. Possession of the Premises located at [PROPERTY ADDRESS], and issuance of a Writ of Possession directing the sheriff or constable to remove Defendant and all other occupants;

B. Money judgment for unpaid rent, late fees, and other lawful charges in the amount of $[______], capped at $1,500 under RSA 540:13, IV;

C. Costs of suit including the filing fee and service-of-process fees;

D. Attorney's fees if and to the extent provided by the lease or statute;

E. Such other and further relief as the Court deems just and equitable.

Dated: [__/__/____] at [CITY], New Hampshire.

______________________________________
[LANDLORD / AUTHORIZED AGENT]
[NAME, NH BAR NO. (if attorney)]
[FIRM]
[ADDRESS]
[PHONE]
[EMAIL]

11. VERIFICATION

STATE OF NEW HAMPSHIRE
COUNTY OF [_______________]

I, [LANDLORD / AGENT NAME], being duly sworn, depose and state that I am the Plaintiff (or the Plaintiff's authorized agent) in the foregoing Landlord and Tenant Writ; that I have read the same; and that the facts therein stated are true to the best of my knowledge, information, and belief.

______________________________________
[LANDLORD / AGENT SIGNATURE]
[PRINTED NAME / TITLE]

Sworn to before me this [__] day of [_____________], 20[__].

______________________________________
Notary Public / Justice of the Peace
My commission expires: [__/__/____]

12. REQUIRED ATTACHMENTS

13. TENANT NOTICE OF RIGHTS (REQUIRED BY RSA 540:13, II)

TO THE TENANT — IMPORTANT INFORMATION ABOUT YOUR RIGHTS UNDER NEW HAMPSHIRE LAW:

A possessory action has been filed against you. You have the following rights:

1. You must file an Appearance with the Clerk of this Court within seven (7) days after this Writ is served on you. The Appearance form is available from the Clerk and at https://www.courts.nh.gov/our-courts/circuit-court/district-division/forms/landlordtenant-forms. If you do not file an Appearance in time, judgment by default may be entered against you and a Writ of Possession may issue.

2. You may pay and avoid eviction in nonpayment cases by paying, before the hearing, all rent and other lawful charges, plus $15 liquidated damages, plus the filing fee and service costs (RSA 540:9). Limit: three uses per twelve-month period.

3. You may dispute the eviction at a hearing scheduled within ten (10) days of your Appearance. You will receive at least six (6) days' notice of the hearing.

4. You may have defenses, including:
   - Payment / accord and satisfaction;
   - Breach of warranty of habitability (Kline v. Burns);
   - Retaliation (RSA 540:13-a — six-month rebuttable presumption);
   - Discrimination (RSA 354-A; federal Fair Housing Act);
   - Defective notice (form, content, or service);
   - Domestic-violence safe harbor (RSA 540:11-b);
   - Security-deposit setoff (RSA 540-A — strict liability with double damages);
   - Self-help violation (RSA 540-A:3 — treble damages);
   - Failure of the landlord to plead or prove a good-cause ground for restricted property.

5. You may file a written Counterclaim with your Appearance, including for habitability, security-deposit, RSA 540-A, retaliation, or discrimination claims.

6. Right of appeal: If judgment is entered against you, you may appeal by giving notice of intent to appeal within seven (7) days after judgment, and filing the appeal within thirty (30) days. You must continue to pay rent into court during the appeal (RSA 540:25).

7. Free legal help:
   - 603 Legal Aid: 1-800-639-5290 / www.603legalaid.org
   - NH Legal Assistance: 1-800-562-3174 / www.nhla.org
   - NH Bar Lawyer Referral: 1-603-229-0002
   - NH Court Service Center: https://www.courts.nh.gov/our-courts/circuit-court/court-service-center

14. AFFIDAVIT / RETURN OF SERVICE

STATE OF NEW HAMPSHIRE
COUNTY OF [_______________]

I, [SERVER NAME], a [Sheriff / Deputy Sheriff / Constable / Authorized Process Server], being duly sworn, state:

1. I am over 18 and not a party to this action.

2. On [__/__/____] at [____ a.m./p.m.], I served the foregoing Landlord and Tenant Writ and accompanying documents upon [TENANT NAME] at [ADDRESS] by (check one):

☐ Personal in-hand delivery to the Defendant;
☐ Substitute service: leaving with [NAME], a person of suitable age and discretion residing at the Premises;
☐ Posting and first-class mail.

3. Service fees: $[__________].

______________________________________
[SERVER SIGNATURE]
[PRINTED NAME / TITLE / DEPARTMENT]

Sworn to before me this [__] day of [_____________], 20[__].

______________________________________
Notary Public / Justice of the Peace
My commission expires: [__/__/____]

15. NEW HAMPSHIRE PRACTICE NOTES

1. Use the official form. File on Form NHJB-2333-DP. This template provides supporting substance; the writ form must be filed.
2. Two-document rule for nonpayment. A Demand for Rent and a Notice to Quit are both required. Failure to serve either is fatal.
3. Specificity. The Notice to Quit must mirror the judicial-branch form content (Horton v. Clemens, 173 N.H. 480 (2020)). The Writ allegations must be specific to enable the tenant to defend.
4. Restricted-property good cause. AIMCO v. Dziewisz, 152 N.H. 587 (2005), forecloses lapse-of-term as "other good cause" for restricted property prior to the 2024 amendment's July 1, 2026 effective date.
5. Money-judgment cap. $1,500 in the possessory action; pursue the rest in small claims (RSA 503, $10,000 cap) or Superior Court.
6. Hearing timing. Within 10 days of Appearance; at least 6 days' mailed notice (RSA 540:13).
7. Default. If no Appearance is filed within 7 days of service, the Court mails default notice; landlord may obtain possession after 3 additional days.
8. Discovery. Available within District Division rules; typically expedited.
9. Appeal. 7-day notice + 30-day filing window; tenant must pay rent into court during appeal.
10. Stay (RSA 540:13-c). A tenant may seek a stay of execution for hardship; the court may grant up to 90 days with rent paid into court.
11. Pro se LLCs/corporations. A non-attorney generally cannot represent an LLC or corporation in NH; landlord entities should retain counsel for hearings.
12. Attorney's fees. Recoverable only if provided by lease or statute; rarely awarded otherwise.
13. Local courts. Manchester, Concord, Nashua, Rochester, Salem, Derry, Keene, and Lebanon are common landlord-tenant venues; check local-court calendars for remote-appearance options.
14. HB 1115 (2024) interim study. Watch for re-introduction of no-cause-eviction legislation; verify current statutory text before filing.
15. Subsidized housing. Section 8, public housing, and LIHTC properties have additional federal good-cause and grievance procedures.

16. SOURCES AND REFERENCES

• RSA Chapter 540: https://gc.nh.gov/rsa/html/lv/540/540-mrg.htm
• RSA Chapter 540-A: https://gc.nh.gov/rsa/html/lv/540-A/540-A-mrg.htm
• RSA Chapter 354-A: https://gc.nh.gov/rsa/html/xxxi/354-a/354-a-mrg.htm
• NH Circuit Court — District Division Landlord/Tenant: https://www.courts.nh.gov/our-courts/circuit-court/district-division/landlordtenant
• NH District Division Rules — Landlord and Tenant: https://www.courts.nh.gov/rules-circuit-court-state-new-hampshire-district-division/landlord-and-tenant-actions
• Form NHJB-3040-D Demand for Rent: https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2022-07/nhjb-3040-d.pdf
• LL-T Information Sheet: https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/llt-information-sheet.pdf
• LL-T Writ Filing & Service Instructions: https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/llt-writ-filing-and-service-instructions.pdf
• Kline v. Burns, 111 N.H. 87 (1971): https://law.justia.com/cases/new-hampshire/supreme-court/1971/6051-0.html
• Horton v. Clemens, 173 N.H. 480 (2020).
• AIMCO Properties, LLC v. Dziewisz, 152 N.H. 587 (2005).
• 603 Legal Aid: https://www.603legalaid.org
• NH Legal Assistance: https://www.nhla.org

End of Template