| Tenant Protected Actions |
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| Landlord Retaliatory Actions |
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| Penalties for Retaliation |
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When Is It Illegal for Landlords to Retaliate in New Hampshire?
It’s illegal for New Hampshire landlords to retaliate by evicting, increasing rent, or changing the terms of the rental agreement against tenants who don’t owe more than a week’s rent and have taken one of these protected actions:
- Complaining to the landlord or the government about failure to maintain the property.
- Court actions about failure to maintain the property.
- Meeting or gathering with other tenants for a lawful reason.
The law presumes retaliation from the landlord for six months after the landlord finishes repairs, receives written notice about a need for repairs, or becomes aware of tenants lawfully meeting or gathering.
What Can Tenants Do in Response in New Hampshire?
New Hampshire tenants are permitted to raise retaliation in court as a response to the landlord’s illegal actions. If the court agrees with the tenant that the landlord’s action was retaliatory, the retaliatory action will be legally prohibited, and award damages of up to three months’ rent.
Sources
- 1 N.H. Rev. Stat. Ann. § 540:13-a (2022)
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“Except in cases in which the tenant owes the landlord the equivalent of one week’s rent or more, it shall be a defense to any possessory action, as to residential property, that such possessory action was in retaliation for the tenant: I. Reporting a violation or reporting in good faith what the tenant reasonably believes to be a violation of RSA 540-A or an unreasonable and substantial violation of a regulation or housing code to the landlord or any board, agency or authority having powers of inspection, regulation or enforcement as to the reasonable fitness of said residential property for health or safety; II. Initiating an action in good faith pursuant to RSA 540-A or availing himself of the procedures of RSA 540:13-d; or III. Meeting or gathering with other tenants for any lawful purpose.”
Source Link - 2 N.H. Rev. Stat. Ann. § 540:13-b (2022)
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“Unless the court finds that the act of the tenant in making a report or complaint or in initiating an action or in organizing relative to alleged violations by a landlord was primarily intended to prevent any eviction, a rebuttable presumption that such possessory action was in retaliation of the tenant’s action shall be created when any possessory action, increase in rent or any substantial alteration in the terms of the tenancy is instituted by a landlord within 6 months after: I. The landlord received notice of any such alleged violation provided that: (a) The tenant mailed, gave in hand to, or left at the abode of the landlord notice of the report or complaint of the alleged violation; or (b) The landlord received notice of the complaint or report from the board, agency or authority; or II. The landlord completed repairs or otherwise successfully remedied such violation; or III. The landlord received notice that the tenant had initiated an action pursuant to RSA 540-A; or IV. The discovery by the landlord of activity protected by RSA 540:13-a, III.”
Source Link - 3 N.H. Rev. Stat. Ann. § 540:14(ii) (2022)
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“Whenever the tenant successfully raises the defense of retaliation pursuant to RSA 540:13-a, damages of not more than 3 months’ rent may be awarded to the tenant.”
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