How to Stay a Sheriff Lockout During Eviction Appeals in New Hampshire

If you're a renter in New Hampshire facing eviction, understanding your rights and options is vital—especially if you're worried about being locked out by the sheriff. New Hampshire law allows tenants to request a 'stay' (a temporary pause) on the lockout while they appeal an eviction judgment. This guide breaks down how the process works, describes official forms, and explains the required steps.

Understanding Eviction Appeals and Lockout Stays in New Hampshire

An eviction typically involves a legal process in either a New Hampshire District Division or Circuit Court. If a judge rules against you and grants your landlord possession, the court will issue a Writ of Possession, allowing the sheriff to remove you from the property. But in many cases, tenants have the right to appeal—a step that may let you remain in your home while the higher court reviews your case.

What Is a Stay of the Sheriff Lockout?

A 'stay' is an official court order that temporarily stops the sheriff from carrying out the lockout while your appeal is pending. Without a stay, the sheriff may enforce the eviction as soon as seven days after the judgment.

When Can New Hampshire Renters Request a Stay?

• You have received an eviction judgment and a Writ of Possession is scheduled or has been ordered.
• You are actively appealing the eviction judgment to a higher court (Superior Court).

It's important to submit your appeal and request for a stay as quickly as possible after the judgment—delays can result in lockout before your appeal is heard.

How to Request a Stay of the Sheriff Lockout

To pause (stay) the eviction while you appeal, tenants must file two key forms with the court:

• Notice of Appeal — This notifies the court that you are appealing the eviction judgment. It should be filed within seven calendar days after the judgment date.
• Motion for Stay of Writ of Possession — This is a separate request, asking the judge to stop (stay) the sheriff lockout until your appeal is reviewed.

Both forms are filed with the court that decided your eviction case. You may need to provide copies to the landlord or their attorney as well.

Official Forms for New Hampshire Renters

• Notice of Appeal (NHJB-2043-DS)
  • When and How to Use: File this form within 7 days of the eviction judgment to start the appeal process. Submit it to the clerk at your District Division or Circuit Court location. You can find instructions and the form from the New Hampshire Judicial Branch (Notice of Appeal form).
• Motion for Stay of Writ of Possession
  • When and How to Use: File this motion immediately after filing your Notice of Appeal to ask the court to pause the eviction process while your case is appealed. There is no statewide official form, but you can use a written request or ask the court clerk if they have a local template. See references on the Landlord & Tenant Process (NH District Division) page.

How the Tribunal Process Works in New Hampshire

Evictions are handled by the New Hampshire Circuit Court – District Division. Appeals are generally made to the Superior Court. Tenancy matters are governed by the New Hampshire Revised Statutes Annotated, Chapter 540 – Actions Against Tenants¹.

Action Steps for Tenants

• Check the date of your judgment and deadline to appeal (usually 7 days).
• Pick up a Notice of Appeal form from the court clerk or download it online.
• File your Notice of Appeal and a Motion for Stay with the court immediately.
• Serve a copy to your landlord (optional but recommended as a courtesy).
• Check with the court clerk about your hearing date for the stay motion.

What If the Court Denies My Stay Request?

If the judge denies your request for a stay, the writ can still be executed and the sheriff may lock you out. You may consider contacting legal aid or renter advocacy groups for additional help or for advice on emergency housing.

FAQ: New Hampshire Sheriff Lockouts and Eviction Appeals

1. Can I stay in my rental home while my eviction appeal is pending?
   You can stay only if the court grants a stay of the writ of possession. Otherwise, the sheriff may still lock you out.
2. How do I file a Motion for Stay of Writ of Possession?
   You can file a written motion with the clerk at the court where your eviction was decided. Clearly state that you are appealing and request to delay the eviction pending appeal.
3. Is there a fee to file a Motion for Stay?
   There may be a filing fee for appeals. If you can't afford it, ask the court for a fee waiver.
4. What happens if my stay request is denied?
   The lockout can proceed, so prepare to vacate or seek emergency housing resources.
5. Where can I find more information on the eviction process in New Hampshire?
   Visit the official page on the landlord-tenant process (New Hampshire Courts).

Key Takeaways

• Appealing an eviction does not automatically stop a sheriff lockout in New Hampshire—you must request a stay.
• Use the official Notice of Appeal and file a Motion for Stay of Writ of Possession as soon as possible after your judgment.
• Resources and fee waivers are available for renters who need support with forms or deadlines.

Need Help? Resources for Renters

• NH Emergency Housing & Homelessness Services: Referral and support hotline.
• New Hampshire Legal Aid: Free legal information and possible representation for low-income renters.
• NH Circuit Court – District Division Locations: Where eviction appeals are filed.
• NH RSA Chapter 540 – Actions Against Tenants: Official tenancy law text.

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1. New Hampshire Revised Statutes Annotated, Chapter 540 – Actions Against Tenants
2. NH Courts: Landlord & Tenant Process
3. Notice of Appeal (NHJB-2043-DS) Form

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