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Rent Regulations

N.H. Rev. Stat. Ann. § 540: § 540:17

Plea of Title, Recognizance.

In Force
Verified 10/20/2026 · Next check 10/27/2026
effective 10/20/2026New HampshireEviction & Just Cause

Operative Text

N.H. Rev. Stat. Ann. § 540: § 540:17
If the defendant shall plead a plea which may bring in question the title to the demanded premises he shall forthwith recognize to the plaintiff, with sufficient sureties, in such sum as the court shall order, to enter his action in the superior court for the county at the next return day, and to prosecute his action in said court, and to pay all rent then due or which shall become due pending the action, and the damages and costs which may be awarded against him.
Source: Legislative text reproduced verbatim
Plain English

Under N.H. Rev. Stat. Ann. § 540:17, when a defendant in an eviction proceeding raises a defense that puts the ownership or title of the property at issue, the case cannot simply proceed in the lower court. Instead, the defendant must immediately post a recognizance—a formal bond with adequate sureties—in an amount set by the court, guaranteeing that the dispute over title will be pursued in superior court at the next available return day. The recognizance also secures payment of any rent currently owed, rent that accrues during the litigation, and any damages and costs that may ultimately be awarded against the defendant.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 20, 2026

Plain English — not legal advice.

For Property Managers

Landlords and property managers involved in eviction proceedings under § 540:17 should be aware that a tenant who raises a title-based defense triggers a mandatory transfer mechanism to superior court. A compliant operator generally monitors whether the required recognizance and sureties have been properly posted and in the court-ordered amount, since this bond is meant to protect the plaintiff's financial interests—including accruing rent—throughout the duration of the title dispute. Keeping detailed records of rent due dates and amounts is a practice that supports any subsequent claim for rent, damages, and costs under this provision.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under § 540:17, tenants who believe they have a legitimate claim or defense touching on the title to the property have a procedural avenue to raise that issue, but doing so carries a significant financial obligation: the court will set a bond amount that must be secured with sureties before the case moves to superior court. This bond covers rent that is currently due as well as rent that continues to accrue while the action is pending, along with potential damages and costs. Tenants considering this path may benefit from consulting a tenant-rights organization or legal aid provider familiar with New Hampshire landlord-tenant law to understand what the recognizance requirement means in practice.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 20, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 20, 2026
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:14
N.H. Rev. Stat. Ann. § 540:4
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:5
N.H. Rev. Stat. Ann. § 540:13-d
N.H. Rev. Stat. Ann. § 540:13-a
N.H. Rev. Stat. Ann. § 540:1-b
N.H. Rev. Stat. Ann. § 540:3
N.H. Rev. Stat. Ann. § 540:11-b
N.H. Rev. Stat. Ann. § 540:13-a
N.H. Rev. Stat. Ann. § 540:5
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:1-a
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:20
N.H. Rev. Stat. Ann. § 540:13-a
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:1-a
N.H. Rev. Stat. Ann. § 540:5
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:14
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:9
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:3
N.H. Rev. Stat. Ann. § 540

Related Rules

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions

Source Information

Source:https://gc.nh.gov/rsa/html/LV/540/540-17.htm
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