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.Note: These rights exist regardless of what the rental agreement says.
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. Read more
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. Read more
New Hampshire landlords are permitted to evict tenants for the following reasons:
It is illegal to evict tenants as a form of retaliation or for discriminatory reasons.
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.
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
Returns & Deductions: The following laws apply to the return of security deposits:
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:
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.
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.
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:
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.
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.
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.
The following laws apply to the collection of rent and related fees:
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.
New Hampshire landlords must provide the following mandatory disclosures:
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.
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.
Can a Landlord Enter Without Permission in New Hampshire? New Hampshire landlords are legally allowed to enter rental property without permission "to make emergency repairs." They must get the consent of the tenant to enter in all other situations. Read more » Is New Hampshire a “Landlord Friendly” State? New Hampshire is a relatively landlord-friendly state. The state does not impose rent control or regulate a maximum on various fees a landlord can change. However, the requirements for handling of a security deposit are strict, relative to many other states. Read more » What Are a Tenant’s Rights in New Hampshire? New Hampshire tenants have the right to seek out housing without discrimination and the right to habitable rental property. If a landlord violates these rights, tenants can take legal action, including suing for damages, injunctions, or a lease termination. Read more » Can a Tenant Change the Locks in New Hampshire? New Hampshire tenants can change their own locks if the lease doesn't say otherwise. They can also (at their own expense) require the landlord to do a lock change if they've recently become victims of domestic abuse. Read more »
