Text to be removed highlighted in red.
1 Proceedings in Special Cases; Actions Against Tenants; Possessory Action. Amend RSA 540:12 to read as follows:
540:12 Possessory Action. 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.
2 New Paragraph; Proceedings in Special Cases; Actions Against Tenants; Writ; Service; Discovery; Record; Default. Amend RSA 540:13 by inserting after paragraph VII the following new paragraph:
VIII. The court shall not grant any stay of execution or delay the issuance of a writ of possession in actions brought under the expedited procedure in RSA 540:13-f, except as expressly provided in that section.
3 New Section; Proceedings in Special Cases; Actions Against Tenants; Expedited Eviction for Non-Payment or Material Non-Compliance. Amend RSA 540 by inserting after section 13-e the following new section:
540:13-f Expedited Eviction for Non-Payment or Material Non-Compliance.
I. Notwithstanding RSA 540:12 and RSA 540:13, a landlord may elect to bring an expedited possessory action under this section when the sole ground for eviction is:
(a) Non-payment of rent; or
(b) A material breach of a rental agreement that materially affects health or safety or constitutes criminal activity or drug-related criminal activity.
II. In an expedited eviction proceeding under this section:
(a) The landlord shall serve a 5-day notice to quit that contains, in 14-point bold type, the following statement:
"THIS IS AN EXPEDITED EVICTION ACTION. If you do not vacate or pay all past-due rent within 5 days, the landlord may file a court action seeking immediate possession. You will have only 3 days after service of the court summons to file an answer or you will lose by default and the court may order your immediate removal."
(b) If the tenant fails to vacate or cure, the landlord may file a landlord-tenant writ marked "EXPEDITED" with the circuit court.
(c) The return day shall be not less than 3 days, nor more than 7 days after filing.
(d) The tenant must file any answer or counterclaims within 3 days of service of the writ. Failure to file a timely answer shall result in default and immediate issuance of a writ of possession without further hearing.
(e) If the tenant does file a timely answer, the court shall hold an evidentiary hearing no later than 7 days after the answer is filed. The scope of the hearing shall be limited to:
(1) Whether rent is owed and unpaid; or
(2) Whether the alleged material breach occurred. Defenses unrelated to these issues shall not be heard in the expedited action and may only be raised in a separate civil action.
III. No stays of execution under RSA 540:13 shall be granted in expedited actions except for payment of all arrears plus costs and statutory interest within 48 hours of judgment.
IV. The court shall issue the writ of possession immediately upon default or upon finding in favor of the landlord after hearing. Execution may occur as soon as 24 hours after issuance unless the tenant posts a bond equal to 2 months' rent.
4 Effective Date. This act shall take effect January 1, 2027.
Text to be added highlighted in green.
1 Proceedings in Special Cases; Actions Against Tenants; Possessory Action. Amend RSA 540:12 to read as follows:
540:12 Possessory Action. 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. Nothing in this section shall prevent the issuance of a writ of possession without hearing in an expedited possessory action brought underRSA 540:13-f when the tenant fails to file a timely appearance or answer.
2 New Paragraph; Proceedings in Special Cases; Actions Against Tenants; Writ; Service; Discovery; Record; Default. Amend RSA 540:13 by inserting after paragraph VII the following new paragraph:
VIII. The court shall not grant any stay of execution or delay the issuance of a writ of possession in actions brought under the expedited procedure in RSA 540:13-f, except as expressly provided in that section.
3 New Section; Proceedings in Special Cases; Actions Against Tenants; Expedited Eviction for Non-Payment or Material Non-Compliance. Amend RSA 540 by inserting after section 13-e the following new section:
540:13-f Expedited Eviction for Non-Payment or Material Non-Compliance.
I. Notwithstanding RSA 540:12 and RSA 540:13, a landlord may elect to bring an expedited possessory action under this section when the sole ground for eviction is:
(a) Non-payment of rent; or
(b) A material breach of a rental agreement that materially affects health or safety or constitutes criminal activity or drug-related criminal activity.
II. In an expedited eviction proceeding under this section:
(a) The landlord shall serve a 5-day notice to quit that contains, in 14-point bold type, the following statement:
"THIS IS AN EXPEDITED EVICTION ACTION. If you do not vacate or pay all past-due rent within 5 days, the landlord may file a court action seeking immediate possession. You will have only 3 days after service of the court summons to file an answer or you will lose by default and the court may order your immediate removal."
(b) If the tenant fails to vacate or cure, the landlord may file a landlord-tenant writ marked "EXPEDITED" with the circuit court.
(c) The return day shall be not less than 3 days, nor more than 7 days after filing.
(d) The tenant must file any answer or counterclaims within 3 days of service of the writ. Failure to file a timely answer shall result in default and immediate issuance of a writ of possession without further hearing.
(e) If the tenant does file a timely answer, the court shall hold an evidentiary hearing no later than 7 days after the answer is filed. The scope of the hearing shall be limited to:
(1) Whether rent is owed and unpaid; or
(2) Whether the alleged material breach occurred. Defenses unrelated to these issues shall not be heard in the expedited action and may only be raised in a separate civil action.
III. No stays of execution under RSA 540:13 shall be granted in expedited actions except for payment of all arrears plus costs and statutory interest within 48 hours of judgment.
IV. The court shall issue the writ of possession immediately upon default or upon finding in favor of the landlord after hearing. Execution may occur as soon as 24 hours after issuance unless the tenant posts a bond equal to 2 months' rent.
4 Effective Date. This act shall take effect January 1, 2027.