New Hampshire Tenant Resources
Your comprehensive guide to rental laws, guidelines and advocacy in New Hampshire
What are the late fee regulations in New Hampshire?
New Hampshire law allows landlords to charge late fees if specified in the lease agreement. Late fees cannot exceed 10% of the monthly rent and cannot be charged until rent is at least 30 days late. The lease must clearly state the late fee policy. Late fees must be reasonable and cannot be charged unless rent is more than 30 days overdue, per NH RSA 540:9-a.
What are the rules for security deposits in New Hampshire?
New Hampshire law limits security deposits to one month's rent or $2,000, whichever is greater. Landlords must return deposits within 30 days after the tenant moves out, along with an itemized list of any deductions. Interest must be paid on deposits held over one year. Landlords must provide a receipt for the security deposit and keep it in a separate escrow account. Tenants should document the condition of the unit at move-in and move-out with photos and a written inventory.
What are the eviction rules and tenant protections in New Hampshire?
New Hampshire requires: 1) 7-day notice for non-payment of rent, 2) 30-day notice for lease termination in month-to-month tenancies, 3) Written notice specifying lease violations with time to cure. Self-help evictions are illegal. Landlords must obtain a court order. Tenants have the right to cure non-payment within 7 days of receiving notice. The eviction process must follow NH RSA 540. Tenants may raise defenses in court including retaliation, discrimination, or failure to maintain the premises.
What are the maintenance requirements for landlords in New Hampshire?
New Hampshire law requires landlords to maintain: 1) Building structural elements in good repair, 2) Plumbing, heating, and electrical systems in working order, 3) Weather protection and waterproofing, 4) Safe and sanitary common areas, 5) Compliance with local housing codes. New Hampshire follows the implied warranty of habitability under RSA 540-A:2. Tenants must provide written notice of repair needs. If landlords fail to make necessary repairs within 14 days, tenants may have the right to repair and deduct costs from rent or terminate the lease under RSA 540-A:4.
What notice is required for landlord entry in New Hampshire?
New Hampshire law requires landlords to provide at least 30 hours notice before entering a rental unit, per RSA 540-A:3. Entry must be during reasonable hours (8am-8pm) unless there's an emergency. Landlords must have a legitimate purpose for entry such as repairs, inspections, or showing the unit. Tenants cannot unreasonably deny access. Unauthorized entry may violate tenant's right to quiet enjoyment and privacy and could result in penalties under NH law.
What are the rules for rent increases in New Hampshire?
New Hampshire law requires landlords to provide written notice before increasing rent: 30 days notice for month-to-month tenancies and 60 days notice for yearly leases (RSA 540:2). For fixed-term leases, rent can only be increased at renewal unless specifically allowed in the lease. Rent increases cannot be retaliatory or discriminatory. New Hampshire has no statewide rent control laws. Landlords can increase rent by any amount with proper notice, but increases must be reasonable and cannot be used as retaliation against tenants exercising their legal rights.
What are my rights regarding repairs in New Hampshire?
New Hampshire tenants have repair rights under RSA 540-A:4: 1) Notify landlord in writing of needed repairs, 2) Give landlord 14 days to make repairs, 3) If landlord fails to make repairs affecting habitability, tenants may repair and deduct costs from rent (up to $1,500 or one month's rent, whichever is greater) or terminate the lease. New Hampshire law requires rental properties to meet basic standards of habitability. Tenants should document all repair requests and communications. For serious health/safety violations, tenants can file a complaint with local health officers.
What are the rules about security deposit deductions in New Hampshire?
New Hampshire landlords can deduct for: 1) Unpaid rent or utilities, 2) Damage beyond normal wear and tear, 3) Other lease violations. Under RSA 540-A:6, deposits must be returned within 30 days of move-out with an itemized list of deductions. Security deposits are limited to one month's rent or $2,000, whichever is greater. Tenants should document the unit's condition at move-in and move-out. Landlords who wrongfully withhold deposits may be liable for double damages plus reasonable attorney's fees.
What are New Hampshire's requirements for smoke detectors?
New Hampshire law (RSA 153:10-a) requires working smoke detectors in all rental units. They must be installed outside each sleeping area and on every level of the dwelling. Both smoke and carbon monoxide detectors are required in residential properties. Smoke alarms must be UL listed and properly maintained. Landlords must ensure detectors are working at the start of each tenancy and replace them every 10 years. Tenants are responsible for testing devices and replacing batteries during their tenancy. Tampering with detectors is prohibited and may result in fines.
What disclosures are required from New Hampshire landlords?
New Hampshire landlords must disclose: • Lead paint (pre-1978 buildings) as required by federal law • Security deposit terms and the bank where it's held (RSA 540-A:6) • Property manager/owner contact information • Utility arrangements and responsibilities • Any existing damage or defects • Notice of entry rights • Information about any outstanding code violations • Smoke and carbon monoxide detector compliance • Presence of known environmental hazards • Flood zone information (if applicable) • Tenant's rights and obligations under New Hampshire law • Radon levels (if tested)
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Legal Disclaimer: The information provided on this website is for general informational purposes only and should not be considered as legal advice. While we strive to keep the information up-to-date and accurate, laws and regulations can change frequently. Specific situations may vary, and the application of rental laws can depend on numerous factors. We recommend consulting with a qualified legal professional for advice regarding your specific circumstances.
