New Hampshire HB 1598: relative to prosecutions for interference with freedom.

Bill Text

HB 1598-FN - AS AMENDED BY THE SENATE

19Feb2026... 0463h

05/07/2026 1771s

2026 SESSION

 26-3181

 07/06

HOUSE BILL 1598-FN

AN ACT relative to notice and proceedings for tenants and landlords engaged in eviction processes.

SPONSORS: Rep. Dumont, Hills. 13; Rep. Cole, Hills. 26; Rep. Beaulier, Graf. 1; Rep. Ulery, Hills. 13; Sen. Carson, Dist 14

COMMITTEE: Housing

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AMENDED ANALYSIS

 This bill amends various landlord/tenant laws to makes it easier for landlords to evict tenants for non-payment of rent or for a material breach of a rental agreement.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Feb2026... 0463h

05/07/2026 1771s 26-3181

 07/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to notice and proceedings for tenants and landlords engaged in eviction processes.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Actions Against Tenants; Writ; Service; Discovery; Record; Default. Amend RSA 540:13, II-V to read as follows:

 II. The writ shall be accompanied by a notice from the district court, printed in no smaller than 12-point type, informing the tenant that:

 (a) If the tenant wishes to contest the eviction, he [must] or she shall file an appearance in the district court no later than the return day appearing on the writ and file an answer not more than 5 days after the return date stating the defendant’s affirmative defenses and/or counterclaims.

 (b) The tenant shall not be evicted unless the court so orders; however, such an order may be granted if the tenant does not file an appearance.

 (c) At the time the tenant files his appearance, he or she may request that the court make a sound recording of the eviction hearing by checking an appropriate box on the appearance form.

 (d) If the tenant wishes to appeal the district court's decision, he [must] or she shall:

 (1) File a notice of intent to appeal with the district court within 7 days of the notice of the district's decision; and

 (2) File a notice of appeal in the supreme court within 30 days of the notice of the district court's decision; and

 (3) Pay all rent, as it comes due, between the date of the notice of intent to appeal the district court's decision and the final disposition of the appeal.

 (e) If the tenant files any post-judgement motions, including, but not limited to, a motion for reconsideration, the tenant shall pay all rent, as it comes due, between the date of the motion and the final ruling on the motion. 

 III. The writ of summons and the notice provided in paragraph II shall be returnable 7 days from the date of service of the writ by the sheriff. The writ of summons shall provide an opportunity for the landlord, at the landlord's option, to make a claim for an award of unpaid rent. If the landlord elects to make a claim for unpaid rent, the court shall consider any defense, claim, or counterclaim pled by the tenant which offsets or reduces the amount owed to the plaintiff. If the court finds that the landlord is entitled to possession on the ground of nonpayment of rent, it shall also award the landlord a money judgment. If the court determines that the amount owed by the landlord to the tenant, as a result of set-off or counterclaim exceeds or equals the amount of rent and other lawful charges owed by the tenant to the landlord, judgment in the possessory action shall be granted in favor of the tenant. If the court finds that the tenant's counterclaim exceeds the amount of the nonpayment, a money judgment shall issue in favor of the tenant. Any decision rendered by the court related to a money judgment, shall be limited to a maximum of $1,500 and shall not preclude either party from making a subsequent claim in a court of competent jurisdiction to recover any additional amounts not covered by the $1,500 judgment.

 IV. Both parties shall have a right to engage in discovery prior to the hearing on the merits within such time frame as may be established for eviction actions by the Rules of the District Court, provided, absent good cause or agreement of the parties, any motion for continuance to allow time to complete discovery shall be filed no later than 5 days after the return day appearing on the writ. Any party that requests discovery shall state the defense, claim, or counterclaim relevant to the request.

 IV-a. If the tenant raises a defense at the hearing on the merits that the landlord did not have prior notice of, the landlord shall be entitled to a continuance of the hearing not to be more than 7 days unles