Tenant Rights in New Hampshire

• The right to a habitable living space with essential services (heat, plumbing, electricity).

• Protection against unlawful eviction or discrimination.

• The right to withhold rent or seek legal action if repairs are not addressed.

• The right to privacy, requiring landlords to provide advance notice before entry.

 

Landlord Responsibilities in New Hampshire

• Providing a safe and habitable property in compliance with state health and safety codes.

• Performing timely repairs when notified by the tenant.

• Following legal procedures for eviction.

• Returning the security deposit within 30 days after a tenant moves out, unless deductions apply.

 

Compliance with Fair Housing Laws in New Hampshire

The New Hampshire Human Rights Act aligns with federal Fair Housing Laws, protecting tenants from discrimination based on:

• Race, color, religion, sex, familial status, disability, or national origin.

• Sexual orientation, gender identity, or marital status (additional protections under state law).

 

Landlord Best Practices for Fair Housing Compliance:

• Establish consistent rental application procedures.

• Avoid discriminatory language in listings.

• Use objective criteria for tenant screening.

• Provide reasonable accommodations for disabled tenants.

Failure to comply with fair housing laws can result in legal action and fines.

 

Security Deposits in New Hampshire

State Laws on Security Deposits

• Landlords cannot request more than one month’s rent as a security deposit.

• Deposits must be returned within 30 days of the lease ending.

• If deductions are made, landlords must provide an itemized statement explaining the charges.

 

When Can a Landlord Withhold a Security Deposit?

• Unpaid rent or utility bills.

• Damage beyond normal wear and tear.

• Violations of the lease agreement.

To avoid disputes, tenants should document the condition of the rental unit at move-in and move-out.

 

Maintenance Responsibilities of Landlords

Minimum Property Standards

New Hampshire law requires landlords to maintain rental units in safe and livable conditions, including:

• Working heating, plumbing, and electrical systems.

• Safe structural elements (roofs, walls, stairs).

• Pest-free living spaces.

• Smoke and carbon monoxide detectors in working order.

 

Tenant's Role in Maintenance

Tenants are responsible for:

• Keeping the unit clean and free of damage.

• Notifying the landlord about necessary repairs in writing.

• Preventing excessive wear and tear on the property.

If a landlord fails to perform essential repairs, a tenant may report the issue to the New Hampshire Housing Authority or pursue legal action.

 

Eviction Procedures for New Hampshire Landlords

Legal Grounds for Eviction

Landlords can evict tenants for:

• Nonpayment of rent (7-day notice required).

• Lease violations (30-day notice for most violations).

• Refusal to vacate after lease expiration.

 

The Eviction Process in New Hampshire

1. Serve a Written Notice: Provide a formal eviction notice based on the reason for eviction.

2. File for Eviction in Court: If the tenant does not vacate, the landlord must file a complaint in district court.

3. Court Hearing: The tenant has the right to contest the eviction.

4. Writ of Possession: If the court rules in favor of the landlord, the tenant must leave within the specified timeframe.

Note: Self-help evictions (changing locks, shutting off utilities) are illegal in New Hampshire.

 

Final Thoughts

Understanding New Hampshire’s landlord-tenant laws ensures compliance and minimizes disputes. Whether you are renting a property or managing one, staying informed about security deposits, maintenance obligations, and eviction laws is crucial for a successful rental experience.