Arbitration Programs for Tenant-Landlord Disputes in New Hampshire

If you're a renter in New Hampshire and facing a dispute with your landlord—like evictions, rent increases, or repair issues—knowing your options for fair resolution is important. This guide explains how New Hampshire's arbitration and mediation programs work, the official steps for renters, and the legal resources available under current state laws.

Understanding Tenant-Landlord Dispute Resolution in New Hampshire

New Hampshire offers several ways to resolve rental disagreements without going to court. While New Hampshire does not run a formal statewide arbitration board exclusively for residential tenancy matters, renters and landlords often resolve disputes through mediation or court-connected arbitration. Local courts may also require or offer access to alternative dispute resolution (ADR) before proceeding to a full hearing.

What is Arbitration and When Is It Used?

Arbitration and mediation are forms of ADR. Arbitration means a neutral third party hears both sides and can make a binding decision. Mediation involves a neutral party helping both sides reach a voluntary agreement.

• Common issues handled: security deposit returns, habitability/repairs, illegal rent increases, and some eviction defenses
• ADR is typically faster and less formal than a regular court trial
• Parties can request these services or sometimes are required to use them before going to a formal hearing

For most tenant-landlord disputes in New Hampshire, these programs are handled through the New Hampshire Circuit Court—District Division, which oversees landlord-tenant cases.^[1]

Filing a Complaint: The New Hampshire Process

If talking with your landlord does not resolve the problem, you may need to file a complaint or respond to one. Dispute resolution may be offered as part of the official eviction or rent-related court process.

Key Legal Forms for Tenants

• Complaint for Landlord-Tenant Writ (NHJB-2233-DP): Used when filing an eviction or related dispute through the District Division court system.
  Example: If your landlord serves you with a notice to quit and you disagree, you will likely receive court papers including this complaint. Respond promptly.
  View and download the Complaint Form NHJB-2233-DP
• Answer to Landlord-Tenant Writ (NHJB-2234-DP): Tenants use this form to respond, raise defenses, or request mediation/arbitration before the hearing.
  Example: You believe the eviction is unfair because repairs haven’t been made. Use this form to explain your position.
  View and download the Answer Form NHJB-2234-DP
• Stipulation/Request for Mediation (NHJB-2205-DFS): Either party can request to resolve the issue through mediation, which may lead to an arbitration-type agreement.
  Example: You and your landlord want to avoid trial and reach a mutual agreement. Submit this form to request mediation through the court.
  View and download the Mediation Request Form NHJB-2205-DFS

New Hampshire Laws Protecting Renters

Your rights and the dispute process are governed by the New Hampshire RSA 540: Residential Landlord and Tenant Act.^[2] This law outlines eviction procedure, notice requirements, and how disputes should be handled. Make sure to read and understand these rules before taking action.

Step-by-Step: How to Use Arbitration or Mediation in New Hampshire

The following steps help renters navigate the alternative dispute process in New Hampshire. This process applies for most landlord-tenant cases handled by the District Division:

• Attempt to resolve the issue directly with your landlord first.
• If unsuccessful and a court case is filed, carefully review all court documents and deadlines.
• Use the Request for Mediation form (NHJB-2205-DFS) if you prefer to resolve the dispute out of court.
• File all paperwork accurately and on time at your local District Division courthouse.
• Attend any scheduled mediation or arbitration session as directed by the court. Participate openly to find a solution.
• If no agreement is reached, your case will proceed to a court hearing where the judge decides.

Official Tribunal or Board Handling Tenancy Issues

In New Hampshire, the New Hampshire Circuit Court—District Division handles nearly all residential tenancy disputes, including those eligible for mediation or arbitration.^[1]

FAQ: Tenant-Landlord Arbitration in New Hampshire

1. Is arbitration required for all landlord-tenant disputes?
   No. In New Hampshire, arbitration and mediation are available but not mandatory. Courts may encourage parties to try mediation before a formal trial.
2. What kinds of disputes are best for mediation/arbitration?
   Issues like security deposit disagreements, repair disputes, or some eviction defenses can often be resolved through these programs.
3. How do I know if my case qualifies for mediation?
   After filing court papers, you or your landlord can request mediation using the proper form. The court will inform you if it’s available for your case.
4. Do I need a lawyer to participate in arbitration?
   No. While you can have legal representation, many renters and landlords go through the process without an attorney.
5. What happens if mediation does not solve the dispute?
   If a resolution isn’t reached, the case continues in court and a judge will make the final decision.

Conclusion: Key Takeaways for Renters

• New Hampshire offers mediation and arbitration for landlord-tenant disputes, typically through the Circuit Court system.
• Official court forms like the mediation request and tenant answer are essential for responding and requesting dispute resolution.
• Understanding your rights under RSA 540 improves your chances of a fair outcome.

Arbitration and mediation can be a helpful alternative to court for many renters dealing with difficult situations.

Need Help? Resources for Renters

• NH Circuit Court—District Division: Tenant-Landlord Information
• New Hampshire Legal Aid: Renters Help and Advice
• RSA 540: The Residential Landlord and Tenant Act
• NH District Division Court: Landlord-Tenant Forms Library

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1. New Hampshire Judicial Branch, Circuit Court District Division Tenant-Landlord Cases. See: NH Circuit Court—District Division
2. New Hampshire General Court. RSA 540: Residential Landlord and Tenant Act

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