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Circuit Court District Division Rules Table of Contents

RULES OF THE CIRCUIT COURT OF THE STATE OF NEW HAMPSHIRE -- DISTRICT DIVISION

LANDLORD AND TENANT ACTIONS

Rule 5.11. Dismissal of Appeals.


    A. Possessory Action Instituted for Nonpayment of Rent

    If the possessory action was instituted on the basis of nonpayment of rent, during pendency of the appeal, rent is payable to the Court on a weekly basis and is due on the same day of the week on which the Notice of Intent to Appeal was filed. If rent is not paid by the due date, the Court shall immediately mail a notice of default to the tenant and issue a writ of possession to the landlord. If, however, the tenant pays the Clerk the entire amount of rent due since the filing of the Notice of Intent to Appeal prior to the service of the writ by the sheriff, the writ of possession shall be recalled and the appeal shall be reinstated. Unless the appeal is reinstated, the District Court shall vacate the appeal and award the plaintiff the rent money that has been paid into Court. The District Court shall notify the Supreme Court of any such action.

    B. Possessory Action Instituted for Reason Other than Nonpayment of Rent

    If the possessory action was instituted for a reason other than nonpayment of rent, the defendant shall pay into the Court or to the plaintiff, as the Court directs, all rents or portions thereof becoming due from the date the Notice of Intent to Appeal is filed with the District Court. In any case in which the duty to pay rent or a portion thereof is in dispute, the defendant shall be required to pay such portions of the rents becoming due after the notice of intent is filed into Court, as the Court may direct, which amounts shall be held in escrow until a final decision is rendered. If the defendant fails to make a rental payment as it comes due, the plaintiff shall file an affidavit setting forth the defendant's failure to make timely payment along with a motion to dismiss defendant's appeal. A copy of the motion and affidavit shall be filed with the Supreme Court. The District Court shall file a written recommendation to the Supreme Court that the motion be granted unless, within five (5) days of the filing of plaintiff's motion, defendant files an affidavit setting forth that timely tender of payment was made or that defendant had a lawful reason for failing to tender payment. If defendant files such an affidavit in a timely manner, a hearing shall be scheduled on the motion within ten (10) days of the filing of defendant's affidavit. Following hearing, the District Court shall recommend in writing to the Supreme Court what action should be taken on the motion.

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Circuit Court District Division Rules Table of Contents