Most places, including New Hampshire, make a landlord responsible for the “habitability” of rental property. This means rental properties must be kept in proper condition to use for their intended purpose. Habitability is an important right for renters, but can be complicated because of details and differences in habitability requirements.
New Hampshire Implied Warranty of Habitability
In New Hampshire, the implied warranty of habitability means that a landlord must provide and maintain safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in New Hampshire
Note: Check local city/county laws and ordinances for additional requirements. The minimum standards described in this article apply to places that have not adopted a specific habitability code.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Only Heating |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | No |
| Washer & Dryer | No | No |
| Smoke/CO Detectors | Smoke Only | Yes |
| Window Coverings | No | No |
| Light Fixtures | No | No |
| Landscaping | No | No |
| Garbage Removal | Yes | Yes |
| Garbage Pickup | No | No |
| Mold | N/A | Yes |
| Pest Control | Sometimes | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Not Usually |
| Clogs | N/A | Not Usually |
Landlord Responsibilities for Heating & Air Conditioning in New Hampshire
New Hampshire landlords must provide heating for rental properties that can heat all habitable rooms and restrooms to 65 degrees Fahrenheit. They don’t have to provide air conditioning.
Are Landlords Required to Provide Air Filter Replacements in New Hampshire?
New Hampshire landlords don’t have to replace things like air filters, unless required heating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in New Hampshire
New Hampshire landlords must keep plumbing free of defects, which includes an adequate water supply, sewage with no backups, and no leaks into the roof or walls.
Are Landlords Required To Provide Hot Water in New Hampshire?
New Hampshire landlords must provide and maintain running heated water for rental properties.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in New Hampshire?
New Hampshire landlords must fix any clogs that contribute to a backup of sewage on the rental property.
Are Landlords in New Hampshire Responsible for Fixing Leaks?
New Hampshire landlords must fix any leaks in the roof or walls, as well as any other leaks that might keep the plumbing from supplying adequate water or sewage functions.
Landlord Responsibilities for Kitchen Appliances in New Hampshire
New Hampshire landlords don’t have to provide or maintain kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator.
Landlord Responsibilities for Electrical Issues in New Hampshire
New Hampshire landlords are responsible for making sure there are no electrical issues that endanger basic safety or habitability on the rental property.
Are Landlords Responsible for Replacing Light Bulbs in New Hampshire?
New Hampshire landlords are not responsible for replacing light bulbs or particular light fixtures.
Landlord Responsibilities for Garbage Removal in New Hampshire
New Hampshire landlords must provide and maintain outside garbage containers, unless the tenant has agreed to do so in the lease and the landlord has removed all existing garbage on the property before the tenant moves in.
Landlord Responsibilities for Landscaping in New Hampshire
New Hampshire landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in New Hampshire
New Hampshire landlords are responsible for mold issues the renter didn’t cause. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety.
Landlord Responsibilities Regarding Pests in New Hampshire
New Hampshire landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants. The law has detailed and specific requirements for pest control.
Landlord Responsibilities for Windows & Window Coverings in New Hampshire
New Hampshire landlords have no specific responsibility to provide windows or coverings to a particular standard. The landlord has to repair broken windows the tenant didn’t cause, since this is a health and safety issue.
Landlord Responsibilities Regarding Safety Devices in New Hampshire
New Hampshire landlords are responsible for providing smoke alarms as required by law. These can also be carbon monoxide (CO) detectors, if they incorporate a smoke alarm function.
Are Landlords Responsible for Replacing Batteries of Safety Devices in New Hampshire?
New Hampshire landlords are responsible for replacing safety device batteries. The landlord is required to maintain all safety devices like smoke alarms.
Landlord Responsibilities for Washers and Dryers in New Hampshire
New Hampshire landlords are not required to furnish their rental properties with a working washer and dryer.
Renter’s Rights for Repairs in New Hampshire
New Hampshire renters have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. To exercise their right, the renter must start by notifying the landlord of the issue in writing. The landlord gets 14 days after notice to fix the issue.
If the issue isn’t fixed within the legally required time, the renter can end the rental agreement, or ask a court to order repairs or compensation. The renter isn’t allowed to repair and deduct, or withhold rent without court authorization.
Sources
- 1 Kline v. Burns, 111 N.H. 87, 93 (N.H. 1971)
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“Adoption of this [warranty of habitability]… makes available to the tenant the basic contract remedies of damages, reformation, and rescission. The tenant can obtain relief by instituting an action for breach of warranty or by offsetting his damages against a claim made against him by the landlord. In order to constitute a breach of the implied warranty of habitability the defect must be of a nature and kind which will render the premises unsafe, or unsanitary and thus unfit for living therein. The nature of the deficiency, its effect on habitability, the length of time for which it persisted, the age of the structure, the amount of the rent, the area in which the premises are located, whether the tenant waived the defects, whether the defects resulted from malicious, abnormal, or unusual use by the tenant, are among the factors to be considered in deciding if there has been a breach of the warranty of habitability.”
Source Link - 2 N.H. Rev. Stat. § 48-A:14(IX) - (XI) (2022)
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“No landlord, as defined by RSA 540-A:1, I, renting or leasing a residential dwelling in a municipality which has not adopted ordinances, codes or bylaws pursuant to this chapter shall maintain those rented premises in a condition in which:
“IX. There is an inadequate supply of water or whatever equipment that is available to heat water is not properly operating;
“X. There are leaks in any gas lines or leaks or defective pilot lights in any appliances furnished by the landlord; or
“XI. The premises do not have heating facilities that are properly installed, safely maintained and in good working condition, or are not capable of safely and adequately heating all habitable rooms, bathrooms and toilet rooms located therein, to a temperature of at least an average of 65 degrees F.; or, when the landlord supplies heat in consideration for the rent, the premises are not actually maintained at a minimum average room temperature of 65 degrees F. in all habitable rooms.”
Source Link - 3 N.H. Rev. Stat. § 48-A:14(I) - (III) (2022)
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“No landlord, as defined by RSA 540-A:1, I, renting or leasing a residential dwelling in a municipality which has not adopted ordinances, codes or bylaws pursuant to this chapter shall maintain those rented premises in a condition in which:
“I. The premises are infested by insects and rodents where the landlord is not conducting a periodic inspection and eradication program;
“I-a. The premises are infested by bed bugs and the landlord is not conducting a periodic inspection and remediation program. In this paragraph ” remediation ” means action taken by the landlord that substantially reduces the presence of bed bugs in a dwelling unit for a period of at least 60 days.
“II. There is defective internal plumbing or a back-up of sewage caused by a faulty septic or sewage system;
“III. There are exposed wires, improper connectors, defective switches or outlets or other conditions which create a danger of electrical shock or fire.”
Source Link - 4 N.H. Rev. Stat. § 48-A:14(IV) - (VIII) (2022)
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“No landlord, as defined by RSA 540-A:1, I, renting or leasing a residential dwelling in a municipality which has not adopted ordinances, codes or bylaws pursuant to this chapter shall maintain those rented premises in a condition in which:
“IV. The roof or walls leak consistently;
“V. The plaster is falling or has fallen from the walls or ceilings;
“VI. The floors, walls or ceilings contain substantial holes that seriously reduce their function or render them dangerous to the inhabitants;
“VII. The porches, stairs or railings are not structurally sound;
“VIII. There is an accumulation of garbage or rubbish in common areas resulting from the failure of the landlord to remove or provide a sufficient number of receptacles for storage prior to removal unless the tenant has agreed to be responsible for removal under the rental agreement and the landlord has removed all garbage at the beginning of the tenancy.”
Source Link - 5 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 - 6 N.H. Rev. Stat. § 540:13-e (2022)
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For details on pest infestation law in New Hampshire, see, e.g., N.H. Rev. Stat. § 540:13-e (2022), “Infestation of Bed Bugs: Liability for Costs of Remediation.”
Source Link - 7 State of New Hampshire Office of the State Fire Marshal, Informational Bulletin 2020-05 Smoke Alarm Device Requirements in Dwellings 2-5 (May 10, 2020)
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“Smoke alarms shall be installed in all (new and existing) single-family dwellings, regardless of the original construction date… Combination smoke and carbon monoxide alarms shall be allowed in lieu of smoke alarms provided that they meet the requirements of UL 217 and UL 2034… The owner of the rental unit shall be responsible for maintaining the smoke alarms in a suitable condition.”
Source Link - 8 N.H. Rev. Stat. Ann. § 540:13-d(II) (2022)
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“If a defendant raises a defense provided in paragraph I of this section [defenses to violations of fitness], the court may order the action continued for a reasonable time not to exceed one month to enable the plaintiff to remedy the violation. At the time such continuance is ordered, the court shall require the person claiming a defense under this section to pay into court any rent withheld or becoming due thereafter as it becomes due. Upon a finding by the court that the violation has been remedied within the continuance period, the court shall dismiss the possessory action and either award the withheld rent money to the plaintiff or apportion the rent paid into court by paying to the plaintiff the fair rental value of the premises while in the substantially defective condition and by awarding the remainder of said funds to the defendant as damages for plaintiff’s breach of his warranty of habitability. If the violation has not been remedied within such period, the court shall enter judgment for the defendant and refund to the defendant all money deposited.”
Source Link
