540:9 Payment After Notice. –
I. Any possessory action based solely on nonpayment of rent shall be dismissed if both of the following occur:
(a) The tenant, at any time prior to the hearing on the merits, pays to the landlord, in cash, certified check, prepaid money order, electronic transfer, or other guaranteed or immediately drawable funds, including any form of payment specified in 540:9-a, I, all rent due and owing through the time of such payment plus other lawful charges contained in the lease, $15 liquidated damages, and any filing fee and service charges incurred by the landlord in connection with the possessory action; and
(b) The landlord also submits prior to the hearing date a receipt of such payment to court and states in writing that a copy of same receipt has also been forwarded to the tenant prior to the time and date of the hearing on the merits. If the landlord fails to file such receipt the hearing on the merits shall proceed, and if the tenant proves that payment has been made in accordance with subparagraph (a), the case shall be dismissed.
II. Notwithstanding the provisions of paragraph I, a tenant may not defeat an eviction for nonpayment of rent by use of this section more than 3 times within a 12-month period.
Source. 1905, 57:1. PL 357:9. RL 413:9. RSA 540:9. 1985, 249:4. 2000, 155:1, eff. Jan. 1, 2001. 2021, 152:2, Pt. I, Sec. 1, eff. July 23, 2021.