New Hampshire Eviction Court Glossary

Eviction notice

A written notice from the landlord stating the reason for ending the tenancy and the date by which the tenant is asked to leave. It is sometimes called a notice to quit. The required notice period and content depend on the circumstances and the legal ground for termination.

The notice is not a court order for possession. It deserves prompt attention, but receiving it does not mean that the sheriff has been authorized to remove the tenant.

Landlord and Tenant Writ

The court paper used to bring a case seeking possession of the rental property. It identifies the parties and the landlord's claim, and it gives a return date. A landlord may also seek unpaid rent within the limits of the proceeding.

Receiving this writ means a court case has begun. Read it together with the accompanying court notice, which explains the steps required to contest the case.

Return date

The date printed on the writ by which a tenant who wishes to contest the eviction must file an appearance. It is a filing deadline, distinct from the date of the hearing. Locate both dates in the court papers rather than assuming that the hearing is the first occasion requiring action.

Appearance

A filing that tells the court the tenant intends to participate in the case and provides contact information. In this context, filing an appearance means submitting the required paper to the court. It does not mean simply showing up for the hearing.

An appearance and an answer serve different purposes. Filing one does not replace the other.

Answer

The tenant's written response identifying affirmative defenses and any counterclaims. Under the changes effective October 8, 2026, a tenant contesting an eviction must file this answer no later than five days after the return date, calculated under the applicable rules.

The answer gives the landlord and the court notice of the issues the tenant intends to raise. The facts and records supporting those issues should be considered before the hearing.

Affirmative defense and counterclaim

An affirmative defense is a legal reason the landlord should not receive the requested relief, even if some of the landlord's factual allegations are true. A counterclaim is a claim the tenant brings against the landlord.

These are different ways of raising an issue. The scope of a possessory action is limited, so not every claim for money or other relief can be decided in that proceeding.

Continuance

A postponement of a hearing to another date. It may allow time to obtain relevant information or prepare a response, but a party should not assume that requesting more time changes an existing deadline or hearing date.

The October 2026 changes address the timing of requests for additional discovery time and give a landlord time to respond when a defense is first disclosed at the hearing. The reason for the request and the court's ruling matter.

Default

Under the eviction statute, a tenant is in default if the tenant fails to file an appearance or fails to attend the hearing on the merits. Default can allow the case to proceed toward possession without a contested hearing of the tenant's position.

The statute does not expressly make a missing answer an automatic default on the same terms. A missed filing still needs prompt attention. A tenant default also prevents the discretionary stay described below.

Writ of Possession

A court-issued writ authorizing recovery of possession through enforcement by the sheriff. It comes at a different stage from the landlord's eviction notice or the Landlord and Tenant Writ that begins the court case.

If a Writ of Possession has issued, seek advice immediately about the status of the case and any remaining options.

Discretionary stay of possession

A court-authorized delay in dispossession after a landlord obtains judgment. It is not an automatic extension. Under RSA 540:13-c, the court considers the circumstances, and a tenant default prevents this discretionary stay.

A stay under this provision also requires weekly rent payments in advance. The court's order and the statutory conditions must be read together to understand how long a stay lasts and what the tenant must do while it remains in place.