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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 5.4. Failure to Answer.

 

A. If the defendant does not file an appearance on or before the return day, a notice of default shall be issued that the plaintiff may recover possession of the demanded premises and costs; and, if the writ includes a claim for unpaid rent the notice of default may include the amount of unpaid rent claimed, not to exceed fifteen hundred dollars ($1,500.00) in addition to the costs. A writ of possession and notice of judgment shall also issue, but not until the expiration of at least five business days after the Clerk's notice of default and upon the filing of a military affidavit and, if the writ includes a claim for unpaid rent, an affidavit of damages.

B. No such default shall be stricken off, except by agreement, or by order of the court upon such terms as justice may require, upon motion. A motion to strike the default shall: (1) set forth all the facts and circumstances explaining why the tenant defaulted and all the reasons why the court should strike the default; (2) specifically set forth the defendant’s defense to the landlord-tenant writ filed by the plaintiff and all the facts upon which the defense is based; and (3) state that the defendant understands that making a false statement in the pleading may subject the defendant to criminal penalties.

C. If the defendant files a motion to strike the default prior to the issuance of a writ of possession and notice of judgment, no writ of possession shall issue prior to the Court’s ruling upon the motion. If the motion to strike the default is denied, then a notice of judgment shall be issued, and the writ of possession shall not issue until the expiration of the seven day period for filing a Notice of Intent to Appeal set forth in RSA 540:20. If the defendant files a timely Notice of Intent to Appeal, then the writ of possession shall not issue until the expiration of the appeal period set forth in Supreme Court Rule 7, except as otherwise provided in RSA 540:25, I, or following an order from the Supreme Court dismissing the defendant’s possessory appeal or deeming the defendant’s possessory appeal waived for failure to comply with RSA 540:25, II. If the possessory action was instituted for nonpayment of rent, the Court shall determine and set forth in its order denying the motion to strike the default the amount which must be paid into Court on a weekly basis in the event the defendant appeals. This amount is equal to the actual weekly rent or the periodic rent converted into a weekly sum, adjusted for housing assistance, if applicable.

 


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Circuit Court District Division Rules Table of Contents