Filing in Small Claims Court for Renters: NH Guide
If you're a renter in New Hampshire and have a dispute with your landlord—like return of a security deposit, unpaid repairs, or a rent-related disagreement—small claims court can offer a straightforward and affordable way to find a solution. This guide explains how New Hampshire renters can use small claims court, what official forms you'll need, and where to get help. Whether you're facing a landlord withholding your security deposit or want to recover costs for necessary repairs, this page walks you through your rights and the exact steps to take.
Understanding Small Claims Court in New Hampshire
New Hampshire small claims court is a branch of the New Hampshire Circuit Court, District Division. It handles certain landlord-tenant disputes, especially cases involving money up to $10,000. This is where renters often resolve conflicts over security deposits, damages, or unpaid rent.
Relevant residential tenancy laws for New Hampshire are found in the New Hampshire Revised Statutes Annotated (RSA) Chapter 540 – Actions Against Tenants and RSA 540-A – Rented or Leased Residential Premises.
When Should a Renter Use Small Claims Court?
Small claims court is designed for cases where you want to recover money or resolve a straightforward issue, like:
- Your landlord won't return your security deposit within the timeline or without a good reason
- You paid for repairs after the landlord failed to address unsafe or unhealthy conditions
- Unresolved rent payment disagreements
- Minor property damage claims
Key Small Claims Forms for New Hampshire Renters
To begin your claim, you'll need to complete and submit the official New Hampshire Small Claim forms. Forms must be filed at the district division of the NH Circuit Court that has local jurisdiction over your rented property.
Small Claim Complaint (NHJB-2198-DP)
- Name: Small Claim Complaint (Form NHJB-2198-DP)
- When to use: Start here if you're seeking to sue for up to $10,000. For example, if your landlord kept your $1,200 deposit illegally.
- Where to find: Download the Small Claim Complaint (NHJB-2198-DP) from the NH Courts website
Small Claims Defendant's Exhibit List (NHJB-2184-DP)
- Name: Small Claims Defendant's Exhibit List (Form NHJB-2184-DP)
- When to use: If your landlord files a counterclaim, or you want to supply additional evidence, you submit this with your supporting documents. For example, providing receipts or photos.
- Where to find: Download Defendant's Exhibit List (NHJB-2184-DP)
Application to Pay Filing Fee (Financial Affidavit) (NHJB-2190-FP)
- Name: Application to Waive Court Fees and Costs (NHJB-2190-FP)
- When to use: If you're unable to afford the filing fee, this form lets you ask the court to waive the costs based on income or financial hardship. For example, if the fee would stop you from making a needed claim.
- Where to find: Download and read instructions for Application to Waive Fees (NHJB-2190-FP)
After filing, official court information will be served to your landlord. You may be scheduled for a court hearing. The process is designed to allow you to represent yourself, and you do not need a lawyer to file or appear for most small claims cases.
Action Steps: How to File a Small Claim in New Hampshire
Filing a small claim as a renter can seem intimidating, so here are practical steps to guide you:
- Make sure your matter qualifies for small claims court (under $10,000, mostly for money or property disputes)
- Gather your documents: lease, letters, emails, receipts, photos, etc.
- Download and complete the Small Claim Complaint form
- If you can't afford the fee, fill out the Application to Waive Fees
- File your forms (in person or by mail) at your local district court. Find your court's contact info using the official NH Circuit Court locator
- Pay the filing fee (or submit your fee waiver application)
- The court will notify your landlord and may set a mediation or hearing date
- Attend your hearing, and bring all evidence and paperwork
If you're unsure about a step or need help with forms, most clerks will answer basic filing questions but cannot offer legal advice. For more personalized help, see the resources section below.
What to Expect at Your Court Hearing
At your scheduled hearing, you'll have the chance to explain your case in front of a judge. Bring copies of all supporting evidence and any witnesses with you. The judge will issue a decision, usually within a short time after the hearing.
Small claims judgments are usually final, though either party can seek further legal guidance if they disagree with the outcome.
Frequently Asked Questions
- How much can I sue for in New Hampshire small claims court?—You can claim up to $10,000 in small claims court for most landlord-tenant disputes.
- Do I need a lawyer to file a small claim as a renter?—No, renters can represent themselves in New Hampshire small claims court.
- What happens if my landlord doesn't pay after the court rules in my favor?—You may need to ask the court for help with collection or enforcement after a decision. Ask the clerk for more guidance if needed.
- Can I include attorney's fees or court costs in my claim?—In some cases, you may be able to include court costs in your claim. Attorney’s fees are rarely recoverable unless your lease or law specifically allows it.
- How long does the small claims process take in New Hampshire?—Simple cases may be resolved in a few months, but timelines can vary depending on court schedules and complexities.
Key Takeaways for New Hampshire Renters
- Small claims court is an accessible way to resolve many landlord-tenant disputes for claims up to $10,000.
- Official forms and instructions are available online and at your local district division court.
- Support is available if you cannot afford filing fees or need guidance on the process.
Preparing carefully and knowing where to find official resources can help renters in New Hampshire enforce their rights confidently.
Need Help? Resources for Renters
- NH Circuit Court District Division – Small Claims Information
- New Hampshire Housing (NH Housing Finance Authority)
- New Hampshire Legal Aid – Tenants' Rights and Assistance
- RSA 540-A – New Hampshire Residential Tenancy Laws
- Contact your local court for clerk assistance: see the NH Circuit Court locations directory
- New Hampshire RSA Chapter 540 – Actions Against Tenants
- New Hampshire RSA 540-A – Rented or Leased Residential Premises
- NH Circuit Court District Division – Small Claims Information
- NH Courts – Small Claims Court Overview
- Small Claim Complaint Form NHJB-2198-DP
- Defendant's Exhibit List NHJB-2184-DP
- Application to Waive Fees NHJB-2190-FP
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