Tenant Rights and Responsibilities in New Hampshire
Renting a property in New Hampshire comes with specific rights and protections under the state's landlord-tenant laws. New Hampshire tenants are entitled to habitable living conditions, proper notice for landlord entry, and specific procedures for security deposit handling and return.
New Hampshire has unique regulations regarding security deposits, including a limit of one month's rent for unfurnished units and specific timelines for deposit returns. Understanding these state-specific tenant protections can help you avoid common rental disputes.
Key Considerations
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
Relevant Laws
New Hampshire RSA 540 - Eviction Proceedings
This statute outlines the legal process landlords must follow to evict tenants in New Hampshire, including required notice periods and tenant rights during eviction proceedings. As a new tenant, understanding this law helps you know your rights if disputes arise with your landlord.
New Hampshire RSA 540-A - Prohibited Practices and Security Deposits
This law establishes prohibited practices by landlords, including unlawful entry, utility shutoffs, and retaliation. It also regulates security deposits, limiting them to one month's rent (or two months for tenants 65+) and requiring return within 30 days of lease termination. Essential for new tenants to understand their rights regarding deposits and landlord conduct.
New Hampshire RSA 48-A - Housing Standards
This statute establishes minimum housing standards that all rental properties must meet in New Hampshire, including requirements for sanitation, heating, and structural safety. New tenants should be aware of these standards to ensure their rental property is legally habitable.
New Hampshire RSA 155-A - State Building Code
This law adopts the state building code that applies to rental properties, ensuring they meet safety standards. New tenants should know that their rental must comply with these codes, which can be important if you encounter safety concerns in your new home.
New Hampshire RSA 477:4-e - Required Radon Gas and Lead Paint Disclosures
This statute requires landlords to disclose known information about radon gas and lead-based paint hazards before renting properties built before 1978. As a new tenant, you should receive these disclosures to be informed about potential health hazards in your rental.
Regional Variances
Southern New Hampshire
Manchester has additional tenant protections through its city code that require landlords to maintain properties to higher standards than state law. The city also has a dedicated Housing Code Enforcement Office that tenants can contact directly for code violations, which provides faster response than state-level complaints.
Nashua has specific ordinances regarding security deposits, requiring landlords to provide itemized lists of any deductions within 20 days (shorter than the state's 30-day requirement). The city also has stricter lead paint disclosure requirements for rental properties built before 1978.
Seacoast Region
Portsmouth has implemented additional tenant protections due to its high-cost rental market. The city has a Fair Housing Assistance Program and requires landlords to provide a minimum 60-day notice for rent increases (compared to 30 days in most other areas). Portsmouth also has stricter noise ordinances that can affect tenant behavior.
Dover has established a Housing Commission that mediates landlord-tenant disputes before they reach court. The city also has specific ordinances regarding snow removal responsibilities that may differ from other municipalities, placing more responsibility on landlords than state law requires.
Northern/Rural New Hampshire
Rural areas in Grafton County often have fewer tenant protections and resources. Tenants may need to travel significant distances to access legal aid services. Additionally, some properties may be exempt from certain state regulations if they qualify as seasonal or agricultural housing.
In Coos County, many rental properties are older and may have grandfather clauses exempting them from certain modern building code requirements. Tenants should be particularly diligent about inspecting properties before signing leases, as local enforcement of housing codes can be less consistent than in more populated areas.
College Towns
Hanover has specific ordinances targeting student housing, including stricter occupancy limits and noise regulations. Leases often run on academic calendars rather than traditional 12-month terms. The town also has higher standards for rental licensing and inspections due to the high turnover of student tenants.
Durham has implemented specific zoning ordinances that affect rental properties, particularly regarding unrelated occupants (no more than 3 unrelated individuals may share a dwelling in certain zones). The town also has stricter parking regulations that affect tenants and specific lease timing that typically follows the academic calendar.
Frequently Asked Questions
As a tenant in New Hampshire, you have the right to a habitable living space, privacy, and protection against discrimination. Landlords must provide essential services like heat, water, and electricity. You also have the right to proper notice before a landlord enters your unit (typically 24 hours except in emergencies), the right to request repairs, and protection against retaliation for exercising your legal rights. The New Hampshire RSA 540 and 540-A outline many of these tenant protections.
In New Hampshire, landlords cannot charge more than one month's rent or $100, whichever is greater, as a security deposit. For tenants 60 years or older, the limit is reduced to the equivalent of one month's rent. Landlords must return the security deposit within 30 days after the tenant vacates the property, along with an itemized list of any deductions.
For month-to-month tenancies in New Hampshire, either party must provide 30 days' written notice to terminate the tenancy. For fixed-term leases, typically no notice is required if you're leaving at the end of the lease term, but your lease may specify otherwise. If a landlord wants to evict you during your lease term, they must have legal cause and follow the formal eviction process, which starts with proper written notice.
In New Hampshire, landlords must provide at least 24 hours' notice before entering your rental unit, except in emergencies. The entry must be at reasonable times and for legitimate purposes such as making repairs, showing the unit to prospective tenants, or inspecting the property. Entering without proper notice or repeatedly entering despite objections can constitute harassment under New Hampshire law.
New Hampshire landlords must maintain rental properties in accordance with health and safety codes, including providing working plumbing, electrical systems, heat, and hot water. They must make all repairs necessary to keep the premises in a fit and habitable condition. If a landlord fails to make essential repairs after proper notice, tenants may have the right to repair and deduct the cost from rent, withhold rent, or in extreme cases, terminate the lease.
To maximize your chances of getting your full security deposit back in New Hampshire, provide your forwarding address to your landlord when moving out, thoroughly clean the unit, and document its condition with photos or video. The landlord must return your deposit within 30 days of the end of tenancy, with an itemized list of any deductions. If they fail to return the deposit or provide an itemization within this timeframe, you may be entitled to double the amount wrongfully withheld.
If your New Hampshire landlord isn't making necessary repairs, first submit a written request detailing the issues. Keep copies of all communications. If the landlord doesn't respond within a reasonable time, you can file a complaint with your local health or building department, or petition the district or circuit court under RSA 540-A:4. In certain circumstances, you may have the right to repair and deduct the cost from your rent, but should consult with a legal aid organization before taking this step.
In New Hampshire, for month-to-month tenancies, landlords can increase rent with 30 days' written notice. For fixed-term leases, rent generally cannot be increased until the lease term ends, unless the lease specifically allows for it. There are no rent control laws in New Hampshire, so there's no limit on how much rent can be increased, but significant increases with the intent to force tenants out could potentially be considered retaliatory or discriminatory in certain circumstances.
The New Hampshire eviction process requires landlords to first serve a written notice (the type depends on the reason for eviction). If you don't comply with the notice, the landlord can file an eviction lawsuit (called a possessory action). You'll receive a summons and have the right to appear in court to present your defense. If the court rules in the landlord's favor, they'll issue a writ of possession, which allows a sheriff to remove you from the property. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in New Hampshire.
New Hampshire doesn't have specific 'winter eviction moratoriums' like some northern states, but it does have strong heating requirements. From September 15 to May 31, landlords must maintain heating facilities capable of maintaining a minimum temperature of 65°F. Additionally, utility shutoffs for non-payment may have additional restrictions during cold weather months. If your heat is inadequate or non-functioning during winter, this can be grounds for immediate action under habitability laws.