New Hampshire Tenant-Landlord Rental Laws & Rights for 2024
Introduction to New Hampshire Tenant-Landlord Laws
This comprehensive guide is designed to help both tenants and landlords in New Hampshire understand their rights and responsibilities under state law. New Hampshire has specific regulations governing various aspects of the rental housing process, from leases and security deposits to evictions and habitability standards.
For tenants, the guide covers your legal protections against discrimination, illegal rent increases, wrongful evictions, and uninhabitable living conditions. You'll learn about your right to a safe and decent rental unit, privacy, and the peaceful enjoyment of your home. The guide also explains tenant responsibilities like paying rent on time and maintaining the property.
Landlords will find clear explanations of their obligations to provide habitable housing, make repairs, properly handle security deposits, and follow strict procedures for terminating leases and pursuing evictions. The laws also define allowable rent increases, entry requirements, discrimination prohibitions, and more.
Whether you're a renter or property owner, this guide aims to be a comprehensive resource for understanding and exercising your rights while fulfilling your legal duties regarding rental housing in New Hampshire. With clear information, you can create a fair housing situation that benefits both tenants and landlords.
Types of Rental Housing in New Hampshire
In New Hampshire, there are several different types of rental housing available, each with its own set of rules and regulations. One important distinction is between rent-controlled and rent-stabilized units. Rent-controlled units have their rental rates directly regulated by local laws, limiting the amount landlords can charge and increase rents. Rent-stabilized units, on the other hand, have less stringent regulations, but still provide some protections against excessive rent hikes.
Another type of rental housing in New Hampshire is government-financed or subsidized housing. These units are typically reserved for low-income individuals and families, with rental rates determined based on the tenant's income level. Examples include public housing projects, Section 8 voucher programs, and other forms of affordable housing initiatives.
Mobile homes and manufactured housing communities are also a significant part of the rental market in New Hampshire. These communities often have their own set of rules and regulations, including guidelines for lot rentals, maintenance, and community facilities.
Condominiums and cooperative housing (co-ops) are another option for renters in New Hampshire. In a condominium, individuals own their individual units but share ownership and responsibility for common areas and facilities. Co-ops, on the other hand, are owned and managed by a corporation, with residents holding shares in the corporation and leasing their units.
It's important for renters to understand the specific rules and regulations that apply to their type of rental housing in New Hampshire. This can help ensure they are aware of their rights and responsibilities, as well as any potential limitations or restrictions on rent increases or other aspects of their tenancy.
Rental Leases in New Hampshire
In New Hampshire, rental leases serve as legal contracts between landlords and tenants that outline the rights and responsibilities of each party. These leases can be structured as either month-to-month or fixed-term agreements.
Month-to-month leases automatically renew each month unless terminated by either the landlord or tenant with proper notice, typically 30 days. This type of lease offers flexibility but less security of tenure. Fixed-term leases, on the other hand, have a set duration, often 6 months or 1 year, and cannot be terminated early without cause.
Key provisions in New Hampshire rental leases include:
- Rental amount and due date
- Security deposit requirements
- Lease term (month-to-month or fixed duration)
- Responsibilities for utilities and maintenance
- Rules regarding guests, pets, and noise
- Procedures for lease renewal or termination
Tenants in New Hampshire generally have the right to sublet their rental unit or assign their lease to another party, provided they obtain written consent from the landlord. Landlords cannot unreasonably withhold approval for subletting or lease assignments. However, they may charge reasonable fees to cover costs associated with the process.
It's important for both landlords and tenants to carefully review and understand the terms of their rental lease before signing, as it serves as a legally binding contract that governs their respective rights and obligations throughout the tenancy.
Rent Payments and Increases
In New Hampshire, there are no statewide rent control laws that limit the amount landlords can charge for rent or the frequency of rent increases. However, some municipalities like Lebanon and Hanover have local rent control ordinances that cap annual rent hikes.
Landlords in New Hampshire must provide tenants with written notice before increasing the rent, with the notice period depending on the rental agreement terms. For month-to-month tenancies, landlords must give at least 30 days' notice of a rent increase.
Preferential rents, where the landlord charges less than the legal regulated rent, are permitted. But landlords cannot revoke preferential rents as a way to indirectly raise rent without proper notice.
Rent overcharges, where the landlord demands rent above the legal limits, are illegal under rent control laws. Tenants can file complaints and seek a refund for rent overcharges.
New Hampshire law requires landlords to provide tenants with written receipts for rent payments upon request. Tenants also have the right to obtain a rent history from their landlord for the current and prior year's rental payments.
Security Deposits in New Hampshire
According to New Hampshire security deposit laws, there are limits on how much a landlord can charge for a security deposit. For unfurnished units, the maximum security deposit is one month's rent or $100, whichever is greater. For furnished units, landlords can charge up to two month's rent as a security deposit.
When a tenant moves out, the landlord must return the full security deposit within 30 days if there is no damage to the unit beyond normal wear and tear. The landlord cannot deduct for routine cleaning or repairs needed due to normal use over time. Any deductions from the deposit must be itemized in writing with evidence like invoices or receipts.
If the landlord fails to return the security deposit within 30 days after the tenant moves out, or makes improper deductions, the tenant can seek double the unreturned amount plus reasonable attorney's fees. Landlords must follow specific requirements around security deposit record keeping, permitted deductions, and timely refunds.
Tenants should thoroughly document the condition of the unit when moving in and out with photos and video to prove any damage claims. It's also advisable to get a walk-through inspection with the landlord. Following the proper procedures protects both the tenant's right to their full deposit back and the landlord's ability to deduct for legitimate damages.
Terminating a Rental Lease
In New Hampshire, there are specific rules and allowable reasons for a landlord to terminate a tenant's lease agreement. Tenants are also afforded protections against improper lease termination by their landlord. Additionally, special provisions exist for certain groups like seniors, military members, and victims of domestic violence.
Landlords can legally terminate a lease if the tenant has materially violated the terms of the lease agreement. This includes situations like consistently paying rent late, causing excessive property damage, using the premises illegally, or disturbing other tenants. However, landlords must give tenants proper written notice and an opportunity to cure or fix the violation before terminating.
Landlords cannot terminate a lease simply because they don't like a tenant or want to rent to someone else at a higher price. Tenants have the right to continue their tenancy until the end of the lease term as long as they uphold their responsibilities. Any attempt at retaliatory termination after a tenant exercises their legal rights is prohibited.
For tenants over 65 years old or with a disability, landlords must make reasonable accommodations and cannot terminate the lease solely based on their age or disability status. Military servicemembers also have rights preventing lease termination when deploying for active duty.
Victims of domestic violence, sexual assault, or stalking have strong protections in New Hampshire. Landlords cannot terminate these tenants' leases or refuse to renew based on their victim status. Early lease termination is allowed for victims who need to vacate the premises and escape the violence.
Overall, while landlords have some ability to terminate leases for lease violations, tenants maintain significant rights against arbitrary or discriminatory terminations in New Hampshire.
Evictions in New Hampshire
In New Hampshire, eviction laws dictate that landlords must follow specific legal requirements when evicting a tenant. Evictions can only occur for legitimate reasons outlined in state law, such as non-payment of rent, violation of lease terms, or causing substantial damage to the property. Retaliatory evictions for a tenant exercising their legal rights are prohibited.
To initiate an eviction, landlords must provide the tenant with proper written notice, typically 30 days for non-payment of rent or 7 days for other lease violations. The notice must specify the reason for eviction and the date by which the tenant must vacate the premises. Failure to provide adequate notice can invalidate the eviction process.
If the tenant does not vacate after receiving proper notice, the landlord must file an eviction lawsuit with the local district court. The tenant has the right to attend a hearing and present a defense against the eviction. The court will then decide whether the eviction should proceed based on the evidence presented.
It is illegal for landlords to engage in self-help evictions, such as changing the locks, removing the tenant's belongings, or shutting off utilities to force a tenant out. These actions constitute illegal lockouts and can result in penalties for the landlord.
Additionally, landlords cannot harass or intimidate tenants to pressure them into leaving the rental unit. This includes threats, excessive entries into the unit, or withholding essential services like heat or water. Tenants who experience harassment or illegal lockouts can seek legal remedies, including potential financial compensation from the landlord.
New Hampshire Squatters' Rights
In New Hampshire, squatters' rights are governed by the principles of adverse possession, which allow an individual to claim ownership of a property if they meet specific legal criteria. For a squatter to successfully claim adverse possession in New Hampshire, they must occupy the property continuously, openly, and without the owner's permission for a statutory period of 20 years.
To establish a claim of adverse possession, the squatter's occupation must be actual and notorious, meaning it is visible and obvious to anyone, including the property owner. The possession must also be exclusive, indicating that the squatter is the sole occupant, and it must be hostile, meaning it is without the owner's consent. Additionally, the squatter must maintain continuous possession for the entire 20-year period without interruption.
Property owners in New Hampshire can prevent adverse possession claims by regularly inspecting their properties, maintaining clear property boundaries with fences or signs, and taking prompt legal action to remove unauthorized occupants. If a property owner grants permission for someone to use the property, it negates the hostility requirement, thereby preventing an adverse possession claim.
New Hampshire law also requires that squatters prove they have made a good faith effort to maintain and improve the property, treating it as their own. This includes actions such as paying property taxes, making repairs, or making improvements to the property.
While adverse possession offers a legal pathway for squatters to gain ownership, the process is rigorous and requires strict adherence to the legal criteria. Property owners must remain vigilant and proactive to protect their properties from potential adverse possession claims and ensure their property rights are preserved. Understanding these laws helps both squatters and property owners navigate their rights and responsibilities under New Hampshire law.
Repairs and Habitability Standards
In New Hampshire, landlords have a duty to ensure rental units meet minimum standards of habitability under the state's warranty of habitability law. This means landlords must make repairs to keep units in a livable condition with adequate weatherproofing, heat, water, electricity, and sanitary conditions.
Tenants have the right to a habitable rental that is fit for occupation. If a landlord fails to maintain habitable conditions after receiving proper notice, tenants can exercise certain remedies like rent withholding or rent strikes. However, improper rent withholding can potentially lead to eviction, so tenants must follow precise steps.
Typically, tenants must provide landlords with written notice of any violations of the warranty of habitability and a reasonable opportunity to cure the issues, such as 14-30 days. If repairs are not made, tenants can withhold rent by placing it in an escrow account. Tenants may also seek a rent reduction from a court if the deficient conditions have made the unit worth less than the rent charged.
Serious habitability violations that landlords fail to address may allow tenants to exercise other remedies like terminating the lease or pursuing a court order to force repairs. Ultimately, the warranty requires landlords to proactively maintain properties in habitable condition throughout a tenancy.
Rental Safety and Utilities
Landlords in New Hampshire must ensure rental units meet basic safety standards related to smoke detectors, locks, heating systems, and utilities. All residential dwellings must have operational smoke detectors installed in compliance with state fire safety codes. Exterior doors must be equipped with functioning locks to secure the premises.
Landlords are required to provide adequate heating sources that can maintain minimum interior temperatures during the winter months. Rental units must have heating facilities and appurtenances capable of safely heating all habitable rooms to at least 65°F when outdoor temperatures are above 20°F. Landlords must also ensure a consistent supply of hot water sufficient to meet ordinary household needs.
When it comes to utility services like electricity, gas, and water, landlords must make provisions for obtaining reasonable utility service levels. They cannot intentionally cause any interruption of essential services like heat, running water, hot water, or electricity needed for lights, cooking, or refrigeration. Tenants are protected from utility shutoffs if the landlord is responsible for payment but fails to keep accounts current. In such cases, utilities cannot disconnect service for an outstanding balance during the lease term.
Tenant Rights and Protections
Tenants in New Hampshire are afforded several important rights and protections under state law. These safeguards help ensure renters can enjoy their homes without undue interference or discrimination from landlords.
Anti-Retaliation Laws
New Hampshire prohibits landlords from retaliating against tenants who exercise their legal rights. This means a landlord cannot terminate a lease, increase rent, decrease services, or refuse to renew a lease solely because a tenant filed an official complaint or joined a tenant organization. Retaliation carries stiff penalties for landlords.
Right to Privacy
Tenants have a reasonable expectation of privacy in their rental units. Landlords must provide adequate notice, typically 24 hours, before entering an occupied unit except in emergency situations. Landlords are also prohibited from accessing units unreasonably or in a harassing manner.
Disability Accommodations
Under state and federal fair housing laws, landlords must make reasonable accommodations for tenants with disabilities. This includes allowing service animals, permitting unit modifications at the tenant's expense, and more. Landlords cannot refuse to rent or renew a lease due to a disability.
Anti-Discrimination Protections
It is illegal for landlords in New Hampshire to discriminate against tenants or applicants based on race, color, national origin, religion, sex, sexual orientation, age, marital status, or familial status. Discrimination in advertising, pricing, facilities, services, or terms/conditions is prohibited.
Harassment and Nuisance Laws
New Hampshire tenants are protected from harassment and nuisance behavior from landlords. Landlords cannot abuse their right of access, violate tenants' privacy rights, fail to provide essential services, or take action intended to force a tenant to move out involuntarily. Tenants can seek remedies like compensation or termination of their lease.
Frequently Asked Questions
What are renters' rights in New Hampshire?
Renters in New Hampshire have the right to a habitable living environment, protection against discrimination, and the right to privacy. Landlords must maintain the property in a safe and sanitary condition, make necessary repairs, and provide proper notice before entering the rental unit.
What is the most a landlord can raise rent in New Hampshire?
New Hampshire does not have rent control laws, so there is no legal limit on how much a landlord can raise the rent. However, landlords must provide proper notice of any rent increase, typically at least 30 days before the increase takes effect.
Is New Hampshire a landlord-friendly state?
New Hampshire is generally considered a landlord-friendly state due to its lack of rent control and flexible eviction procedures. However, the state also ensures tenants' rights to habitable living conditions and fair treatment.
Can a landlord evict you without a court order in New Hampshire?
No, a landlord cannot evict a tenant without a court order in New Hampshire. Landlords must follow the legal eviction process, which includes providing proper notice and obtaining a court order before removing a tenant from the property.
What is statute 540 in New Hampshire?
Statute 540 in New Hampshire refers to the state's laws governing landlord and tenant relationships, including the rights and responsibilities of both parties, eviction procedures, and other related issues. This statute provides the legal framework for rental agreements and dispute resolution in New Hampshire.
