relative to notice and proceedings for tenants and landlords engaged in eviction processes.
What changed between versions
The entire new expedited eviction procedure (RSA 540:13-f) was deleted. This included the 5-day notice with bold warning language, 3-day answer deadline, default judgment without hearing, limited-scope evidentiary hearing, no-stay rule except 48-hour payment, and 24-hour execution window.
New requirement that the writ be accompanied by a court notice in at least 12-point type informing tenants of their right to file an appearance by the return day, file an answer within 5 days after the return date, request a sound recording, and appeal (with specific deadlines: 7-day notice of intent to appeal, 30-day notice of appeal to supreme court, and obligation to keep paying rent during appeal).
Landlord may now claim unpaid rent in the same possessory action. The court must consider tenant offsets and counterclaims. If the tenant's counterclaim equals or exceeds the amount owed, judgment goes to the tenant. Money judgments are capped at $1,500 per party.
Both parties gain discovery rights before the hearing on the merits. A motion for continuance to complete discovery must be filed within 5 days of the return day absent good cause or agreement.
Detailed new rules for proving tenancy status when a defendant claims to be a subtenant or implied tenant, including specific acceptable evidence (written lease, canceled checks, rent receipts, electronic payment records, electronic messages). Utilities bills, IDs, or address documents alone are insufficient. If the court rules for the plaintiff, unauthorized occupants must be removed by law enforcement and the plaintiff receives actual damages or $1,000 whichever is greater.
The return day is set at 7 days from service (replacing the introduced bill's 3-7 day window). If the tenant files an appearance, the hearing must occur within 10 days of filing with at least 6 days notice. Default judgment is entered 7 days after mailing the default notice.
The discretionary stay period was shortened from 3 months to 60 days. A longer stay of up to 75 days may be granted for tenants with factors such as age, familial status, disability, or limited English proficiency. The introduced bill had allowed no stays except full payment within 48 hours.
Effective date changed from January 1, 2027 to 90 days after passage of the act.
New provisions in RSA 540-A:2 separate landlord and tenant prohibited practices into distinct paragraphs and add a new tenant prohibition against willfully engaging in behavior that unreasonably affects the health or safety of other tenants, the landlord, or the landlord's agent, or willfully preventing emergency repairs.
New remedy allowing the court to order a violator of RSA 540-A:2, III (health/safety behavior) to immediately vacate the premises and not return without further court order. Also requires parties to exchange documents they intend to offer into evidence at least 5 days before the hearing.