Suing for Unpaid Rent in New Hampshire Small Claims Court

Small Claims Court Is the Right Forum for Unpaid Rent

If a tenant owes you rent and the total is $10,000 or less, New Hampshire small claims court in the Circuit Court District Division is the most practical way to recover it. The process is faster and cheaper than a full civil lawsuit, and you do not need a lawyer.

Note that this is separate from eviction. An eviction (possessory action) goes through RSA Chapter 540 and follows different rules. But a pure money claim for rent already owed — whether the tenant is still there or already gone — belongs in small claims under RSA 503.

The LLC Problem: RSA 503:11

If you own rental property through an LLC, corporation, or partnership, you cannot simply file a claim in your own name. Under RSA 503:11 and District Division Rule 4.1(b)(2), a non-attorney representative of a business entity must file two additional forms with the complaint:

1. Form NHJB-2936-De — Authorization for Representation, with an attached LLC member authorization or corporate board resolution
2. Rule 1.3D Statement (Form NHJB-2804-De) — an affidavit confirming your authority to bind the entity

Skip these and the clerk rejects the filing or the court dismisses it. Upload them through TurboCourt alongside your complaint.

If you are a sole proprietor renting under your own name (even with a DBA), these forms are not required — file as an individual.

Building Your Case

Before filing, calculate the exact amount owed: unpaid rent, late fees allowed by the lease, and any property damage beyond the security deposit. Do not include the security deposit itself as part of the claim if you already applied it to unpaid rent — double-counting undermines your credibility.

Send a demand letter by certified mail giving the tenant 10 to 14 days to pay. It is not legally required, but it shows the judge you attempted resolution and creates a paper trail. Include the specific months of unpaid rent, the per-month amount, and the lease provision the tenant breached.

Gather your evidence: the signed lease, a rent ledger showing payments received and missed, the demand letter with certified mail tracking, any written communications (texts or emails) acknowledging the debt, and photos of property damage if applicable.

Filing and Serving the Tenant

File through TurboCourt. The fee is $125 for claims up to $5,000 or $180 for $5,001 to $10,000. Name the tenant by their legal name as it appears on the lease.

The court serves the complaint by first-class mail to the address you provide. If the tenant has already moved, this is where unpaid-rent cases often stall — the court's notice of returned mail starts a 60-day period to provide a corrected address or file a motion requesting an Order of Notice for personal service by a sheriff or other authorized process server. Check forwarding addresses, previous applications, and emergency contacts from the lease to locate the tenant before the 60-day clock runs out.

After the Hearing

If you win and the tenant still does not pay, you can record a judgment lien at the county Registry of Deeds, file a Writ of Execution to levy bank accounts, or request periodic payments. For judgments entered in 2026, the annual simple interest rate is 5.7%; interest accrues from the filing date through judgment and continues after judgment until paid.

Our New Hampshire Small Claims Filing Guide includes a service-of-process log, evidence inventory, and post-judgment timeline calendar — everything you need to follow up after the hearing.

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