New Hampshire Renter’s Rights for Repairs

Sources

1 N.H. Rev. Stat. Ann. § 540:13-d(I) (2022)

“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.”

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2 N.H. Rev. Stat. § 48-A:14(I) - (III) (2022)

“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.”

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3 N.H. Rev. Stat. § 48-A:14(IV) - (VIII) (2022)

“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.”

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4 N.H. Rev. Stat. § 48-A:14(IX) - (XI) (2022)

“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.”

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5 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)

“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.”

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6 Kline v. Burns, 111 N.H. 87, 93 (N.H. 1971)

“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.”

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7 N.H. Rev. Stat. Ann. § 540:13-d(II) (2022)

“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.”

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8 N.H. Rev. Stat. Ann. § 540:13-a (2022)

“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.”

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9 N.H. Rev. Stat. Ann. § 540:13-b (2022)

“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.”

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