N.H. Rev. Stat. Ann. § 540: § 540:25
Recognizance, by Defendant.
Operative Text
I. If the possessory action was instituted on the basis of nonpayment of rent, and the defendant files a notice of intent to appeal, the defendant shall pay into court the current rent in an amount determined by the judgment of the court pursuant to RSA 540:14, I, weekly and in advance. Payment of rent for one week must be made at the time the defendant files notice of intent to appeal in the district court. Rent which had been payable on other than a weekly basis shall be paid to the court each week based on the equivalent weekly rent determined by the judgment issued by the court, pursuant to RSA 540:14, I. During the pendency of the appeal, rent is payable 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. I-a. At any time during the pendency of the appeal, the landlord may file a motion to the district court for recovery of the rent money that has been paid into court pursuant to paragraph I. The court may grant such motion unless the tenant objects and the court rules that the landlord is not lawfully entitled to the full amount of rent. If the court rules that the landlord is not entitled to the full amount of the rent, it shall release such portion of the rent to which the court deems the landlord is lawfully entitled, if any, and make specific findings in support of its decision to deny or partially deny the landlord's motion. The rent money retained by the court shall be apportioned between the landlord and the tenant upon final disposition of the appeal. II. If the possessory action was instituted for a reason other than nonpayment of rent, the defendant shall pay into court or to the plaintiff, as the court directs, all rents 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 portion of the rents becoming due after the notice of intent is filed into court, as the court may direct, which amounts shall be held by the court in escrow until a final decision is rendered. After such decision has been rendered, the escrowed rent money and any accrued interest thereon shall be apportioned between plaintiff and defendant on the basis of a finding of rent actually due. For the purpose of this section, "rent" shall mean the amount of money called for by the lease or rental agreement at the time the action for possession was instituted.
New Hampshire Revised Statutes § 540:25 governs what a tenant (defendant) must do financially when appealing an eviction judgment. In nonpayment-of-rent cases, the tenant must pay the court-determined weekly rent into court starting at the time the appeal notice is filed, and continue paying weekly throughout the appeal; failure to pay on time triggers a default notice and a writ of possession, though the writ can be recalled if the tenant pays all overdue rent before the sheriff serves it. In evictions based on reasons other than nonpayment, rent that comes due during the appeal must be paid into court or to the landlord as directed, with disputed amounts held in escrow until the appeal is resolved and then divided according to what rent was actually found to be owed.
Plain English — not legal advice.
Under § 540:25, landlords involved in an appeal of an eviction judgment have a structured mechanism for accessing rent money paid into court during the pendency of the appeal. A compliant and informed landlord in a nonpayment case typically monitors whether the tenant meets the weekly payment deadlines, since a missed payment triggers an automatic default process and potential issuance of a writ of possession. Landlords may also file a motion with the district court at any point during the appeal under paragraph I-a to seek release of rent funds already held by the court, and upon final resolution of the appeal, any escrowed amounts are apportioned based on the court's findings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 540:25, tenants who file a notice of intent to appeal an eviction judgment take on an ongoing financial obligation to pay rent into court — weekly in nonpayment cases, or as directed by the court in other eviction cases — for the duration of the appeal. A tenant in a nonpayment case who misses a weekly payment will receive a default notice, but may be able to have a writ of possession recalled by paying all rent owed before the sheriff serves the writ. Tenants facing these obligations may benefit from consulting a tenant-rights organization or legal aid provider familiar with § 540:25 to understand the payment schedule, the escrow process for disputed rent amounts, and the consequences of default during an appeal.
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
References In
Rules and statutes that cite this regulation