Under New Hampshire law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under RSA Chapters 48-A and 540, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the rental agreement says.
Landlord Responsibilities in New Hampshire
In New Hampshire, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to New Hampshire’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only Heating |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | No |
| Garbage Containers/Removal | Only Containers | Only Containers |
| Smoke and Carbon Monoxide (CO) Detectors | Smoke Only | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in New Hampshire
Landlords must perform necessary repairs in a timely manner. In New Hampshire, landlords must make repairs within 14 days after getting written notice from tenants.
If repairs aren’t made in a timely manner, New Hampshire tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, but they usually can’t withhold rent or make repairs and deduct from the rent.
Tenant Responsibilities in New Hampshire
Aside from paying rent on time, New Hampshire tenants are required to:
- Keep the unit in a safe and habitable condition.
- Keep fixtures clean and sanitary.
- Make small repairs and maintenance.
- Not disturb other tenants or neighbors.
Evictions in New Hampshire
New Hampshire landlords are permitted to evict tenants for the following reasons:
- Nonpayment of Rent: If a New Hampshire tenant fails to pay rent then the landlord may issue a 7-Day Notice to Quit. If the tenant remains on the property after the notice period, then the landlord may file a Summons and Complaint with a local court.
- Lease Violation: If a lease violation occurs, the landlord may issue a 30-Day Notice to Quit. If the tenant remains on the property after the notice period, then the landlord may pursue eviction.
- No Lease/End of Lease:If a tenant stays in the rental unit after the rental term has expired, then the landlord must give tenants a 30-Day Notice to Quit, regardless of the type of tenancy.
- Substantial Property Damage/Harm to Others: A tenant can be evicted if they cause substantial property damage or harm others. The landlord is required to give the tenant a 7-Day Notice to Quit before the eviction process can start.
- Failure to Accept Temporary Relocation: If the landlord needs the tenant to temporarily relocate so they can address issues like exposure to lead-based paint and the tenant refuses to leave, the landlord may issue a 7-Day Notice to Quit before filing an eviction suit with the court.
- Failure to Prepare Rental Unit for Treatment: If a tenant does not prepare their rental unit for necessary rodent or insect treatment the landlord may issue a 30-Day Notice to Quit before the landlord begins the eviction process.
- Illegal Acts: Although New Hampshire law doesn’t specify which criminal acts are “illegal acts,” it does state that if a tenant threatens the health or safety of another tenant, landlord, or landlord’s agent, a tenant may be issued a 7-Day Notice to Quit.
It is illegal to evict tenants as a form of retaliation or for discriminatory reasons.
Landlord Retaliation in New Hampshire
It’s illegal for New Hampshire landlords to retaliate with raised rent, changed rental terms, or eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in New Hampshire
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: $100 or 1 month’s rent, whichever is greater.
- Inventory Requirement: In order to collect a security deposit, landlords must notify tenants of their right to report any condition of the rental unit that needs to be repaired.
- Holding Requirement: Landlords must hold security deposits in a bank, savings and loan association, credit union, or post a bond.
- Interest Requirement: Landlords must provide interest on all security deposits held longer than 1 year.
- Receipt Requirement: Yes.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, utilities, late fees, damage excluding normal wear and tear, real estate taxes (if mentioned in the lease agreement), and other charges outlined in the lease agreement.
- Time Limit for Return: 30 days after the lease term ends.
- Max. Penalty for Late Return: Tenants can sue for twice the amount wrongfully withheld.
Lease Termination in New Hampshire
Notice Requirements: If a New Hampshire tenant wishes to break a periodic lease then they must give the following amounts of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | No statute |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | 30 Days |
Early Termination: If a tenant wishes to break a lease early then they may do so for the following reasons:
- Early termination clause.
- Active military duty.
- Landlord harassment.
- Uninhabitable unit.
Cost of Breaking a Lease in New Hampshire
If a New Hampshire tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in New Hampshire
New Hampshire does not have rent control and case law prohibits cities and towns from creating their own rent control laws.
Because New Hampshire does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Before increasing the rent, landlords must give at least 30 days’ notice. However, if the rental unit is a mobile home, the landlord must give 60 days’ notice.
Housing Discrimination in New Hampshire
Protected Groups: The Federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, national origin, familial status, sex (including gender identity and sexual orientation), and disability. These rules do not apply to some owner-occupied homes or homes operated by religious organizations. New Hampshire state law adds extra protections for tenants on the basis of age and marital status.
Discriminatory Acts & Penalties: The New Hampshire Commission for Human Rights handles housing discrimination complaints in the state. The following behaviors may be interpreted as discriminatory when directed at a member of a protected class:
- Refusing to rent, sell, or negotiate housing.
- Offering different terms, conditions, or privileges.
- Falsely claiming a unit is unavailable.
- Posting advertisements that indicate a discriminatory preference.
- Failing to make reasonable accommodations.
- “Steering” tenants or other kinds of exclusionary zoning.
Tenants who believe they have been the victim of housing discrimination may file a complaint by email or mail. If the complaint is found justified, then the hearings will determine penalties on a case-by-case basis.
Additional Landlord Tenant Regulations in New Hampshire
In addition to having laws that address general issues like repairs and security deposits, most states, including New Hampshire, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in New Hampshire
New Hampshire landlords have the right to enter rental property for “reasonable and lawful functions commonly associated with the ownership,” such as maintenance and inspections. Except in emergencies, the landlord must provide “reasonable” advance notice to the tenant. What’s reasonable advance notice depends on all circumstances, but in some cases it’s a minimum of 48 hours.
Rent Collection & Related Fees in New Hampshire
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: No limit, but it must be reasonable.
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Not required.
Small Claims Court in New Hampshire
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $10,000. New Hampshire Small Claims Court is part of the District Division of Circuit Court. The process takes approximately two to three months.
Mandatory Disclosures in New Hampshire
New Hampshire landlords must provide the following mandatory disclosures:
- Lead-Based Paint: Landlords that own properties built before 1978 must provide information about concentrations of lead paint.
- Security Deposit: If a landlord charges a security deposit, they are required to notify the tenant on a receipt of their right to report any conditions of the rental unit in need of repair or correction within 5 days of occupancy.
Changing the Locks in New Hampshire
Tenants in New Hampshire are allowed to change their locks at will, as long as the lease doesn’t say otherwise. By contrast, landlords are not allowed to unilaterally change locks on a tenant, as this is considered a form of illegal “self help” eviction. Tenants can also (at their own expense) require a lock change if they have become victims of domestic abuse.
Additional Resources for New Hampshire Renters
Many cities in New Hampshire have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see the resources below for general information.
New Hampshire Circuit Court District Division – Small Claims
Consumer Sourcebook – Renting, Security Deposits, and Evictions
To Withhold Rent Or Not To Withhold Rent – That Is The Question
