A Renter's Legal Rights in New Hampshire
The rights of a renter in New Hampshire are governed by landlord-tenant law. This area of the law covers issues such as the condition of the premises, payment of rent and eviction. The law is designed to protect you by requiring that your landlord give you notice before taking action such as increasing your rent or evicting you from the premises.
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Health and Safety Standards
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New Hampshire law requires that rental units have a heating system. The minimum health and safety standards require numerous things including that the residence be free of pests, that the plumbing function properly, that the wiring is safe and that the heating system work.
Security Deposits
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Security deposits are limited by law in New Hampshire. If a landlord has more than six units, she is limited to a security deposit of $100 or one month's rent--whichever amount is greater. Any money that you give to the landlord that is not rent is designated as a security deposit regardless of the name given to the amount.
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Nature of Tenancy
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A tenancy at will has no expiration date. If your lease does not state otherwise, you have a tenancy at will in New Hampshire. A tenancy at will has no expiration date and can be terminated by either the landlord or the tenant provided that the proper notice is given.
Termination
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The landlord can terminate the lease if you do not pay your rent, do severe damage to the property, violate the rules set forth in the lease, or use the property in a manner dangerous to other tenants. He must deliver an eviction notice to personally or at your home, and he must give you seven days' notice unless you are evicted for violating a rule, in which case he must give you 30 days' notice.
If you receive an eviction notice for nonpayment of rent, you can defeat the termination by paying the rent amount plus a fee of $15 before the final date of the notice. But for the landlord to get you out of the unit, he must receive a writ of summons from district court stating that he has the right to possession of the property. You can then contest this ruling but must do so no later than the date stated on the document.
Increase In Rent
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The landlord can increase your rent, but he must give you 30 days' notice.
Defenses to Eviction
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Your landlord must repair your home. If your landlord tries to evict you, there are a number of defenses you can employ. Because she must give your proper notice, if your notice does not give you the proper number of days or it is not properly delivered, you may be able to contest the eviction even if you are behind on rent.
You can defend against an eviction if the property did not meet minimum health and safety standards. To argue this defense, you must have given her written notice of the issue and prove she did not repair the defect in 14 days.
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References
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