Understanding Mediation for Renters in New Hampshire

If you’re a renter in New Hampshire facing a disagreement with your landlord—whether over rent, maintenance, or eviction—mediation can be a helpful alternative to court. This article explains what mediation is, how it works for landlord-tenant disputes in New Hampshire, and what steps you can take if you want to try this fair and collaborative approach.

What Is Mediation and Why Try It?

Mediation is a voluntary process where you and your landlord sit down with a neutral third party (the mediator) to try to reach a mutually acceptable agreement. Mediation is:

• Confidential: What you discuss in mediation stays private, unless you both agree otherwise.
• Less formal than court: No judge or jury, just a guided conversation.
• Often faster and less expensive than traditional legal proceedings.
• Focused on finding solutions both parties can live with, not about deciding who is right or wrong.

Who Handles Mediation in New Hampshire?

In New Hampshire, the Circuit Court District Division oversees residential landlord-tenant cases, including those where mediation is used.^[1]

When Can Renters Use Mediation?

Mediation is available whenever there’s a dispute that hasn’t yet been decided by a judge. For example:

• Disagreements about rent increases or unpaid rent
• Concerns about repairs or living conditions
• Negotiating a move-out timeline instead of a formal eviction

You can request mediation any time before your case goes to a full court hearing, or sometimes even during the court process if both sides agree.

How Does Landlord-Tenant Mediation Work in New Hampshire?

New Hampshire offers mediation through its courts, especially in eviction and housing matters. Here’s what typically happens:

• Either the renter or landlord can request mediation when a case is filed with the court.
• The court refers the parties to a trained mediator.
• You meet with your landlord and the mediator, who helps you discuss your issues and explore possible agreements.
• If you reach a settlement, the agreement is put in writing and submitted to the court (if a case is pending). If not, the case continues as usual.

New Hampshire’s courts often encourage mediation before a trial for housing disputes, seeing it as a way to avoid stressful (and costly) legal battles.

Relevant Forms for Mediation in New Hampshire

Here are the key forms and how they are used in housing-related mediation:

• Landlord and Tenant Writ (NHJB-2170-DP): This form is officially required when a landlord files an eviction case, but renters can use it as reference to understand the process or respond to a claim. View the NH Landlord and Tenant Writ form.
• Agreement for Disclosure at Mediation: If reached in mediation, written agreements can be submitted to the court. Although there isn't a dedicated statewide form, the mediator or court will provide an agreement form for both parties to sign. It ensures the settlement terms are clear and enforceable. An example can be found through the NH Circuit Court - District Division.

Your Rights and Protections as a Renter

Your legal rights as a renter in New Hampshire are protected under the New Hampshire Revised Statutes Annotated, Chapter 540 – Actions Against Tenants.^[2] This legislation covers topics such as eviction procedures, notice periods, and much more. Knowing these laws can help you during mediation and beyond.

Practical Example: Using Mediation to Avoid Eviction

Suppose your landlord wants to evict you for late rent. Instead of going straight to a court decision, both sides can ask for mediation. The mediator helps you discuss payment plans or move-out dates, helping you avoid a formal eviction record if you reach an agreement. If no deal is made, you can still go before the judge and present your side.

What to Expect and Tips for Renters

• Mediation is flexible: You can bring documents, receipts, photos, or other evidence to help your case.
• You may bring a support person or ask for legal help.
• Be ready to listen and propose practical solutions, not just focus on past problems.

If you’re unsure, contact your local circuit court or a renter advocacy organization for guidance. It never hurts to ask about mediation before things get adversarial.

FAQs: Landlord-Tenant Mediation in New Hampshire

1. Is mediation required before court?
   No, mediation is voluntary in most landlord-tenant cases. However, the court may suggest it to try and resolve disputes quickly and amicably.
   
2. What happens if we don’t reach an agreement in mediation?
   If you don’t settle, your case returns to the court process, and a judge will decide the outcome.
   
3. Do I need a lawyer for mediation?
   No, you are not required to have a lawyer, but you can bring one or seek legal advice before participating.
   
4. Does mediation cost money for renters?
   In many cases, court-provided mediation is free or low cost for parties of landlord-tenant disputes in New Hampshire.
   
5. How do I request mediation?
   You or your landlord can request mediation when filing or responding to a court case. Ask at your local Circuit Court District Division.
   

Key Takeaways for New Hampshire Renters

• Mediation is a voluntary, confidential way to resolve disputes with your landlord in New Hampshire.
• You have strong rights under NH’s tenant laws—understanding them helps you in mediation or court.
• You can request mediation through the Circuit Court District Division or ask a legal aid group for advice.

Need Help? Resources for Renters

• NH Circuit Court – District Division: Landlord-Tenant Information – Official court procedures, forms, and contacts for mediation or disputes.
• NH Legal Aid – Free or low-cost legal advice for renters, including support with mediation
• NH Revised Statutes Annotated: Chapter 540 – Actions Against Tenants – The official law governing landlord-tenant relationships

---

1. NH Circuit Court – District Division: Landlord-Tenant Information
2. NH RSA Chapter 540 – Actions Against Tenants

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations