| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in New Hampshire?
New Hampshire landlords have the right to enter a rental property for the following reasons:
- Maintenance and repairs.
- Emergencies (including for various kinds of pest control, specifically).
- Other reasonable and lawful functions commonly associated with ownership of rental property.
Can a Landlord Enter Without Permission in New Hampshire?
New Hampshire landlords can legally enter a rental property without the tenant’s permission in emergencies.
Can a Landlord Enter Without the Tenant Present in New Hampshire?
New Hampshire landlords can legally enter rental property without the tenant present.
Can a Landlord Show a House While Occupied in New Hampshire?
New Hampshire landlords have unclear standards for property showings. They can enter for reasonable and lawful purposes associated with owning rental property.
The law isn’t clear on whether property showings count as such a purpose. In general, this means the landlord will have to negotiate for the tenant’s consent unless property showings are allowed by the lease.
How Often Can Landlords Conduct Routine Inspections in New Hampshire?
New Hampshire landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in New Hampshire?
New Hampshire landlords have to provide reasonable advance notice before entering rental property. As a general rule, a minimum of 24 hours is reasonable notice unless there’s a specific reason for a lesser amount. For certain types of inspections, the required advance notice is a minimum of 48 hours.
Can a Landlord Enter Without Notice in New Hampshire?
New Hampshire landlords can’t enter without reasonable advance notice, including in emergencies. The tenant is allowed to refuse the landlord’s entry if the amount of advance notice isn’t reasonable under all the relevant circumstances.
How Can Landlords Notify Tenants of an Intention To Enter in New Hampshire?
New Hampshire landlords can notify tenants verbally or in writing about an intention to enter for most purposes. When inspecting for bed bugs, the advance notice has to be in writing, and delivered at least 48 hours in advance.
Can a Tenant Refuse Entry to a Landlord in New Hampshire?
New Hampshire tenants can often refuse landlord entry. Landlords can enter in emergencies regardless of consent. Tenants can only refuse entries for other legally allowed purposes when time or notice are unreasonable (for example, a no-notice routine maintenance entry at 2:00 AM).
What Happens If the Tenant Illegally Refuses Entry to the Landlord in New Hampshire?
New Hampshire landlords can take any of the following actions if the tenant illegally refuses a valid entry:
- Get a court order to force access.
- Recover cost of any actual damages through a lawsuit.
- Recover court costs and attorney fees from the tenant through a lawsuit (if the refusal was in bad faith).
- Refuse liability for related repairs.
Can a Tenant Change the Locks Without Permission in New Hampshire?
New Hampshire tenants can change locks without permission if the lease doesn’t say otherwise. Note that the landlord still has a right to enter for specific reasons, so it’s reasonable for tenants to provide copies of current keys.
What Can a Tenant Do If the Landlord Enters Illegally in New Hampshire?
New Hampshire tenants can take any of the following actions if the landlord enters illegally, or demands entry repeatedly and unreasonably in a way that harasses the tenant:
- Get a court order to ban the landlord from entering.
- Recover cost of any actual damages through a lawsuit.
- Recover court costs and attorney fees from the landlord through a lawsuit (when the landlord’s attempted entry is in bad faith).
Sources
- 1 N.H. Rev. Stat. Ann. § 540-A:3(IV) (2022)
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“No landlord shall willfully enter into the premises of the tenant without prior consent, other than to make emergency repairs.”
Source Link - 2 N.H. Rev. Stat. Ann. § 540-A:3(V) (2022)
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“No tenant shall willfully refuse the landlord access to the premises to make necessary repairs, or to perform other reasonable and lawful functions commonly associated with the ownership of rental property, at a reasonable time after notice which is adequate under the circumstances.”
Source Link - 3 N.H. Rev. Stat. Ann. § 540-A:3(V-d) (2022)
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“Notwithstanding any other provision of this chapter, a landlord may only enter a tenant’s dwelling unit without the consent of the tenant: (a) To make emergency repairs pursuant to paragraphs IV and IV-a; or (b) If the landlord has obtained an order authorizing the entry from a court of competent jurisdiction pursuant to RSA 540-A:4.”
Source Link - 4 N.H. Rev. Stat. Ann. § 540-A:3(IV-a) (2022)
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“Entry to make emergency repairs as authorized by RSA 540-A:3, IV includes, but is not limited to, entry by the landlord to evaluate, formulate a plan for remediation of, or engage in emergency remediation of an infestation of rodents or insects, including bed bugs, provided such infestation-related emergency entry took place within 72 hours of the time that the landlord first received notice of the infestation.”
Source Link - 5 N.H. Rev. Stat. Ann. § 540-A:3(V-b) (2022)
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“No tenant shall willfully refuse the landlord access to the premises to: (a) Make emergency repairs as authorized in paragraphs IV and IV-a of this section; and (b) Evaluate whether bedbugs are present after the landlord has received notice that bed bugs are present in a dwelling unit adjacent to the premises or a dwelling unit that is directly above or below the premises, provided the landlord gives the tenant 48 hours written notice of his or her need to enter the premises to evaluate whether bed bugs are present.”
Source Link - 6 N.H. Rev. Stat. Ann. § 540:13-d(I) (2022)
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“No action for possession based on nonpayment of rent shall be maintained in regard to any premises leased or rented for residential purposes, other than for vacation or recreation, if such premises are in substantial violation of the standards of fitness for health and safety set forth in RSA 48-A or in local codes, ordinances or bylaws established pursuant thereto, and such violation materially affects the habitability of said premises, provided that: (a) The tenant proves by clear and convincing evidence that, while not in arrears in rent, he provided notice of the violation to the person to whom he customarily pays rent; and (b) The landlord failed to correct the violations within 14 days of the receipt of such written notice or, in an emergency, as promptly as conditions require; and (c) The violations were not caused by the tenant, a member of the tenant’s family or other person on the premises with the tenant’s consent; and (d) Necessary repairs have not been prevented due to extreme weather conditions or due to the failure of the tenant to allow the landlord reasonable access to the premises.”
Source Link - 7 DiMinico v. Centennial Estates Coop., Inc., 173 N.H. 150, 160-61 (N.H. 2020) (internal citations omitted)
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“[T]he general rule in New Hampshire is that parties pay their own attorney’s fees. A judicially-created exception to this rule allows for attorney’s fees to be awarded based on bad faith litigation. An award of attorney’s fees under this exception is appropriate when one party has acted in bad faith, vexatiously, wantonly, or for oppressive reasons, when the litigant’s conduct can be characterized as unreasonably obdurate or obstinate, and when it should have been unnecessary for the successful party to have brought the action.”
Source Link
