New Hampshire Tenant Information

New Hampshire Tenant Information – Renters Rights

 

Rental Agreements – Leases

Leases

Although a rental agreement can be written or oral, “lease” usually means a written rental agreement for a specific time, usually one year.

For a tenant, the main advantage of a written lease is that your rent cannot be raised and you cannot be evicted during that year, as long as you abide by the lease.  The main disadvantage is that you may have to pay the rent for extra months if you move before the lease ends.

Read the lease carefully before you sign, and ask about anything you do not understand.  If rent is shared, anyone who signs the lease may have to pay the total rent, not just his or her portion.  If your lease expires and you are not offered a new one, you become a month-to-month tenant.

 

Tenants Defending an Eviction Forms

Download How to answer an eviction forms in each state.

Tenant Defence Forms

 

Month-to-month tenant

If you do not have a lease, the landlord can increase the rent, but must give written notice of the increase (or any other significant change), 30 days in advance.  Likewise, you can leave without continuing to owe rent as long as you give the landlord 30 days’ notice.

In most situations a month-to-month tenant cannot be evicted without good cause.  Please read our pamphlet A Walk Through the Eviction Process for a list of the reasons that you can be evicted.

Security deposits

Your landlord may require you to pay a security deposit.  The amount of the security deposit in most cases cannot be more than what you pay for one month’s rent.  Your landlord must return your deposit within 30 days after you leave.  Please see our pamphlet Security Deposits for more information about the laws affecting your security deposit.

Note: Be sure to get receipts for all payments you make, especially if you pay in cash

 

 

Housing Standards

New Hampshire law requires landlords to provide safe, sanitary housing for tenants.  A state law RSA 48–A:14 spells out minimum standards for rental property.

You have the right to a home that has:

1. No infestation of bugs, mice, or rats.
2. Internal plumbing that works without a back-up of sewage caused by a faulty septic or sewage system.
3. Safe wiring without exposed wires, the wrong connectors, bad switches or outlets, or other conditions that create a danger of electrical shock or fire.
4. Roofs and walls that do not leak.
5. Plaster that is not falling from the walls or ceilings.
6. Floors, walls, or ceilings with no large holes.
7. Porches, stairs, and railings which are structurally sound.
8. No garbage or rubbish in common areas due to the landlord’s failure to remove it or to provide enough containers for storage before the trash is to be taken away. This is a code violation unless you have accepted responsibility for trash removal under the lease.
9. Enough water, and a water heater that works properly.
10. No leaks in the gas lines, or leaks, or defective pilot lights in any appliance furnished by the landlord.
11. Heating facilities that are properly installed, safely maintained, and in good working condition, and that can safely and adequately heat all livable rooms and bathrooms to an average temperature of at least 65 degrees.  Or if heat is included in the rent, the premises must be kept at a minimum average temperature of 65 degrees in all livable rooms.

Your local community, particularly a city or larger town, may have its own housing code, which can require your landlord to do more.  Ask at your town or city hall if your town has a housing code.

 

Lead paint

You have a right to live in housing that is free from lead paint hazards.  To find out if your apartment is safe, contact your town Code Enforcement Officer.  To find out more about the hazards of lead paint, call the Childhood Lead Poisoning Prevention Program at 603-271-4507.

Request for repairs

Make all requests for repairs in writing (be sure to date it), make a copy for yourself, and give it to the landlord.  If the landlord fails to make the proper repairs, report any serious problems to the town.  The town or city clerk can direct you to the proper officials, usually the Code Enforcement Officer, Health Officer, or Building Inspector.  Report fire hazards to the local Fire Chief.

Withholding rent

If the violations (problems with your apartment) are serious, you may want to consider withholding rent in order to get your landlord to correct code violations.

Note: Always put the rent money aside and keep it in a safe place because it is likely that some or all of it will have to be paid to the landlord once the repairs are made.

You can lawfully withhold your rent if all of the following conditions are met:

1. Writen notice. You gave your landlord written notice of the violations while you were not behind in rent. (Written notice is not an absolute requirement, but is always a good idea); AND
2. The landlord failed to take corrective action within 14 days of your written complaint. In an emergency, you may not have to wait 14 days before you begin withholding. Consult an attorney before you withhold rent in less than 14 days; AND
3. Your family or guests did not cause the violation; AND
4. Extreme weather conditions did not prevent the repairs; AND
5. You did not refuse to let the landlord into your apartment to make the repairs.

If your landlord tries to evict you for non-payment and you can prove you withheld your rent under the above conditions, the Court can postpone the hearing to give the landlord time to make repairs, and eventually dismiss the eviction. See our Withholding Rent page for more information.

 

Tenant Protections

It is against the law RSA 540-A for a landlord to:

1. Shut off your utilities;
2. Lock you out of your rented premises without a court order;
3. Enter your residence without permission, except to make emergency repairs. (You should not refuse your landlord’s reasonable request to enter with enough notice);
4. Take any other action to force you out of your home without going through the eviction process.

What can you do if your landlord has done any of the things listed above?

You can get an order to make your landlord stop, and to award you damages, by filing a 540-A petition at your local district court.  You do not need a lawyer nor to pay a fee to file the Petition; simply ask the clerk to help you.  You can ask for a Temporary Order if there is an immediate threat of serious harm.  The Court will schedule a hearing to hear from both sides, and will then decide if you should get damages and if the order should be continued.  Contact LARC for more information on filing a petition.

Eviction rights

In most cases your landlord has to have good cause to evict you.  Please read our pamphlet A Walk Through the Eviction Process for a description of the reasons you can be evicted.

Retaliatory evictions

You cannot be evicted in retaliation for exercising any of the following legal rights:

1. Reporting a serious code violation to a landlord or public official;
2. Lawfully withholding rent;
3. Meeting with or organizing other tenants.

Your landlord cannot evict you if you can prove the reason for the eviction was that you exercised one of these legal rights.  If an eviction is begun within six months after one of these actions, it will be considered retaliatory unless your landlord can show some other good reason for the eviction.

For example, if you owe more than one week’s rent at the time of the eviction.  Keep copies of everything that you give to your landlord or to officials.

 

Note: Landlords cannot refuse to rent to anyone because of race, creed, age, sex, national origin, marital status, physical or mental handicap, or to families with children.

“When do I have to leave?”

Your landlord tells you to get out. You think that you’ve just been “evicted.” But when does the law really require you to leave? Most tenants in New Hampshire aren’t required to leave their homes on just the landlord’s say-so. Most tenants are entitled to a hearing where they get a chance to defend themselves before a judge. And a landlord must get the judge’s permission before the tenant has to leave.

So who are the tenants entitled to this kind of eviction process? When must a landlord follow all the steps in New Hampshire’s lawful eviction process and ultimately get permission from a judge before you, the tenant, must leave? Here are some examples…

• You rent a “typical” apartment with your own kitchen and bathroom facilities. Your landlord may or may not live in another apartment in the same building. Your landlord has to get a judge’s permission before you must leave.
• You rent a single family home that is never rented to vacationers during the year, and the landlord does not live with you.  Your landlord has to get a judge’s permission before you must leave.
• You rent a mobile home that is never rented to vacationers during the year, and the landlord does not live with you. Your landlord has to get a judge’s permission before you must leave.
• You rent a lot from a mobile home park or co-op and your mobile home sits on the lot.  Your landlord has to get a judge’s permission before you must leave.
• You rent a room in a rooming house and have been there for at least 90 days straight. Your landlord has to get a judge’s permission before you must leave.
• You rent a public housing unit that is managed by either a local housing authority or a management company (your rent is based on your income rather than on the fair market rate). Your landlord has to get a judge’s permission before you must leave.
• You rent an apartment or a single family home and use a section 8 voucher to subsidize the rent. Your landlord has to get a judge’s permission before you must leave.
• You rent an apartment or a single family home which your landlord has just lost to foreclosure. Now a bank/mortgage company owns the building and they want you out. Your new landlord – the bank/mortgage company – has to get a judge’s permission before you must leave.

Not sure whether you’re the type of tenant whose landlord is required to get a judge’s permission before you must leave? Call LARC, 1-800-639-5290 or apply online.

 

So how does a landlord begin the lawful eviction process in New Hampshire? What are the steps?

Let’s Take a Walk….

Let’s take a walk through all the steps in New Hampshire’s lawful eviction process. By the end of this walk, you’ll be more familiar with this process. And you’ll have a better idea as to how long it takes.

Step 1  The Written Eviction Notice
Step 2  The Landlord & Tenant Writ
Step 3  The Appearance Form
Step 4  The Notice of Hearing
Step 5  Raising Defenses at the Hearing
Step 6  The Writ of Possession
Step 7  Asking for a Discretionary Stay
Step 8  Filing a Notice of Intent to Appeal
What if the Landlord Doesn’t Follow the Required Steps?

STEP 1 The Written Eviction Notice

Your landlord begins the lawful eviction process by serving you with a written notice that tells you to leave.

Tenant question: What if my landlord just tells me, face-to-face or over the phone, to leave?

LARC Answer: A verbal order to leave from your landlord doesn’t count. The notice must be in writing.

Tenant question: Is a sheriff the only person allowed to serve an eviction notice?

LARC Answer: No. Your landlord can have anyone serve the eviction notice. A sheriff, a property manager, an attorney, the landlord’s spouse, or the landlord can hand it to you or leave it on or near your door.

Tenant question: Is my landlord required to use a certain legal form for the eviction notice?

LARC Answer: No. A written eviction notice may be an official looking noticelike the one the court makes available to landlords. Or it may be scribbled on a piece of notebook paper. The point is, it must be in writing.

Tenant question: My eviction notice says I’m being evicted for refusing to pay rent. I want to pay the rent, but I don’t have the money. Is there anything I can do to stop this?

LARC Answer: YES! Call your local welfare office immediately! Local welfare may help you to pay the rent. You may be able to avoid eviction if you pay all the rent…plus $15 in what’s called liquidated damages….on or before the expiration of the eviction notice.

Tenant question: OK, I received a written eviction notice. But the reason for eviction doesn’t make sense! Is this legal?

LARC Answer: The reason on the written eviction notice may be clear. Or the reason may not make much sense to you. It may even be 100% wrong. Don’t panic. Remember, this is just the first step in the process. Ultimately, it will be up to a judge whether you are evicted because of this “reason.”

Tenant question: But my eviction notice has scary legal language on it. It says: “Pursuant to the provisions of RSA 540:2, you are hereby given notice to quit, on or before [date ].” Is this the end?

LARC Answer: No. You are NOT required to leave, or quit, on the expiration date of your eviction notice. Of course, this is what your landlord wants. That’s why the landlord has given you “notice to quit.” But your landlord is not a judge. Your landlord has to get a judge’s permission before you must leave.

Official looking or unofficial looking. Clear reason or unclear reason. Legal language or everyday language. What matters is, you the tenant are being told in writing to leave your home. This is the eviction notice. This is NOT the end of the process. This is just step #1 in the process. The landlord must take more steps before you might have to leave your home.

STEP 2 The Landlord & Tenant Writ

You cannot be lawfully evicted unless the landlord brings the matter to court after the eviction notice expires.

Tenant question: Why does my landlord have to drag this eviction….and me…into court?

LARC Answer: Because the landlord can’t lawfully evict you unless the landlord gets permission from a judge. And court is where judges listen to these evictions.

Tenant question: Exactly how does my landlord bring this eviction into court?

LARC Answer: Your landlord brings the matter into court by filing a summons. It’s called the landlord & tenant writ. The writ will look official because it IS official.

Tenant question:Can anyone serve me with the landlord & tenant writ?

LARC Answer: No. After your landlord fills out the landlord & tenant writ at court, the writ must then be brought to the county sheriff’s office. A sheriff will then come to your home and hand the landlord & tenant writ to you or leave it on or near your door.

STEP 3 The Appearance Form

There is a lot of important information on the landlord & tenant writ. Most important is the return day. The return day is a date. You will see the return day about halfway down on the first page of the landlord & tenant writ.

Tenant question: Is the return day my hearing date?

LARC Answer: No. The return day is NOT your hearing date. It’s your deadline for telling the court you want a hearing scheduled.

Tenant question: Exactly how do I tell the court to schedule a hearing for me?

LARC Answer: You get your hearing scheduled by filing a simple, one page form called an Appearance form. You get the appearance form from the court clerk or complete it electronically. The appearance form will take you 2 or 3 minutes to fill out. When you’re finished, mail it or hand it to the clerk. The clerk will give 2 copies back to you. Keep one copy for your records. Mail the other to your landlord.

Tenant question: What if I don’t file my appearance by the return day?

LARC Answer: You MUST file your appearance before the return day passes. If you don’t, you’ll be in DEFAULT. Being found in default by the court means you could be removed from your home within just a few days! Don’t let this happen to you!!

Tenant question: What if I reach an agreement with my landlord before the return day?

LARC Answer: File your appearance anyway!!!

Tenant question: What if my landlord tells me not to worry about the return day?

LARC Answer: File your appearance anyway!!!

Tenant question: What if…

LARC Answer: File your appearance anyway!!! We at LARC can’t think of one good reason for not filing the appearance by the return day. Filing an appearance keeps you in the case so you will always have a chance to talk to the judge. In fact, we at LARC suggest you file your appearance as close to the return day as possible. This will set the hearing out until the last possible day…about 6 to 10 days from the day you file the appearance.

STEP 4 The Notice of Hearing

You’ve filed your appearance. Smart!

Tenant question: But how will I know exactly when the hearing takes place?

LARC Answer: The court will use the mailing address you wrote on your appearance form to mail you a notice of hearing. The notice of hearing typically arrives 2 to 3 days after the Appearance is filed. It tells you the day and time your hearing is schedule.

Tenant question: But I’m having problems getting my mail. What if I don’t get my notice of hearing in the mail?

LARC Answer: If for some reason you don’t get your notice of hearing in the mail by the 3rd day, call the court. Ask the clerk for the hearing date. Don’t take any chances! Eviction hearings are scheduled quickly….6 to 10 days from the day you file the appearance. You don’t want to default by not showing up for your hearing. To get information on a case in any court in New Hampshire, just call the New Hampshire Judicial Branch’s toll-free phone number: 1-855-212-1234.

STEP 5 Raising Defenses at the Hearing

Your landlord will be there at the hearing. The landlord may also have an attorney present.

Tenant question: Do I have the right to speak up at the hearing?

LARC Answer: Yes! You do have the right to speak up for yourself at the hearing. And you should! If you don’t exercise your rights to speak against eviction, no one else at the hearing will do that for you. Remember: Just because your landlord takes you to court for eviction doesn’t mean the landlord will automatically win. Nothing is guaranteed for either a landlord or a tenant. It’s all based on the facts and the law! Need help figuring out your defenses? Contact LARC. Our toll-free phone# is: 1-800-639-5290. You may also apply online to receive a callback by one of our housing advocates.

STEP 6 The Writ of Possession

Tenant question: What if I lose the eviction hearing? Will I have to leave my home the day of the hearing?

LARC Answer: No! If you lose the eviction, you will not be required to leave your home the day of the hearing. Losing the eviction means the writ of possession will issue to the landlord sometime in the future.

Tenant question: What is the writ of possession?

LARC Answer: The writ of possession is the brass ring every landlord grabs for when a landlord brings a tenant to eviction court. The writ of possession is the court order that allows a landlord to have a tenant lawfully removed from the home.

Tenant question: If I lose the eviction, how soon can my landlord get the writ of possession?

LARC Answer: The writ of possession is never given to your landlord any sooner than 8 days from the day of the hearing. This is why LARC can tell you clearly that you are never required to leave your home on the day you lose an eviction hearing.

Tenant question: If I lose eviction, are you telling me I will be able to stay on for at least another 8 days?

LARC Answer: Yes. If everything goes against you at the hearing, you will be able to stay in your home for at least 8 more days.

Tenant question: When my landlord finally gets the writ of possession, will my landlord come to my door, hand it to me, and order me to leave?

LARC Answer: No. The eviction process does not allow your landlord to serve the writ of possession on you. Your landlord must bring the writ of possession to a sheriff. A sheriff is an officer of the court. A sheriff carries out court orders. Only a sheriff can serve you with the writ of possession and order you out.

Tenant question: Exactly when am I legally required to leave?

LARC Answer: The nitty gritty end of New Hampshire’s lawful eviction process is when a sheriff comes to your door with the writ of possession and orders you out. You only have to leave when a sheriff orders you to leave.

Tenant question: When can my landlord change the locks?

LARC Answer: The landlord isn’t allowed to change the locks until after a sheriff has served and carried out the writ of possession.

A Note About Your Personal Property:

Whether you have been locked out by a sheriff or you decide to voluntarily leave, your landlord must take care of your personal property for 7 days after you’ve left. And your landlord must allow you to get your personal property back during this 7 day period. See our page on your rights to personal property left behind and what to do if you think it was wrongfully seized.

Having trouble getting your personal property back? Contact LARC. Our toll-free phone# is: 1-800-639-5290. You may also apply online to receive a callback by one of our housing advocates.

STEP 7 Asking for a Discretionary Stay

Tenant question: What if the judge says at the hearing that my landlord won the eviction? I need more than 8 days. Is there any way I can get more than 8 days?

LARC Answer: Yes. If you lose, you can ask the judge for extra time in the home before the writ of possession is carried out. It’s called a DISCRETIONARY STAY.

Tenant question: What if the judge doesn’t say who won right there in the courtroom? Can I play it safe and still ask for a discretionary stay?

LARC Answer: Yes. Maybe the judge will say the decision will come later in the mail, so you won’t know where you stand. If you need extra time, you can play it safe and still ask for a discretionary stay before the hearing ends.

Tenant question: How much extra time can I get with a discretionary stay?

LARC Answer: A judge can grant you up to a maximum of 90 more days in the home, even though you lost the eviction hearing. You’ll be responsible for paying rent to your landlord during any discretionary stay granted by the judge.

Tenant question: Is a discretionary stay a defense?

LARC Answer: No. Your request for a discretionary stay isn’t a defense. Instead, it’s you giving the judge important reasons why you should have extra time in the home.

Tenant question: What’s a good example of a reason for needing more time?

LARC Answer: One good reason would be if you or someone else in your home has disabilities that make it tough to quickly find a new, suitable home. Another might be that you already have a new place, but it won’t be ready for a month or so.

Tenant question: What are the chances that a judge will grant me a discretionary stay?

LARC Answer: There’s no way to predict your chances. It’s called a discretionary stay because the judge is allowed to use his or her discretion….or judgment….after listening to your reasons.

STEP 8 Filing a Notice of Intent to Appeal

You’ve raised a defense at the eviction hearing. But you lost. If you feel the judge didn’t apply the law correctly in your case, you do have the right to appeal the judge’s decision.

Tenant question: How do I start an appeal?

LARC Answer: The appeal process in eviction cases is a 2-step process. The first step requires you to file a form at the court where you lost the eviction. This form is called the NOTICE OF INTENT TO APPEAL .

Tenant question: When do I file the notice of intent to appeal?

LARC Answer: It must be filed no later than 7 days from the day you lost the eviction.

Tenant question: Will I need money when filing the notice of intent to appeal?

LARC Answer: If the eviction was for non-payment, yes. You must give the court one week’s worth of rent when you file the notice of intent to appeal. You must continue to pay rent to the court each week for 30 days from the day of the eviction hearing. The court holds this money for the landlord. If the eviction was for some other reason, the court will tell you on your notice of decision how to pay the current rent going forward during an appeal period.

Tenant question: Can I remain in the home if I file the notice of intent to appeal?

LARC Answer: Yes. The notice of intent to appeal will keep the writ of possession at the court, and you in your home, for 30 days from the day of the hearing….as long as you continue to pay the current rent as directed by the court – whether to the landlord or to the court itself.

Tenant question: What happens on the 30th day?

LARC Answer: The 30th day is your deadline for presenting your appeal to New Hampshire’s State Supreme Court. This is the 2nd step in the 2-step appeal process. You must satisfy all of the Supreme Court’s requirements before they will consider taking your appeal. Not all appeals are accepted. If the Supreme Court doesn’t accept your appeal, the writ of possession becomes available right away to your landlord. For more information on appeals, check out the New Hampshire Supreme Court’s website.

What if the Landlord Doesn’t Follow the Required Steps?

Tenant question: I’m pretty sure my landlord is the kind of landlord who must get permission from a judge before I can be lawfully evicted. But my landlord is not following the eviction steps you’ve described. What can I do to make my landlord follow the law?

LARC Answer: Your landlord may be in violation of a law known as 540-A. Your legal remedy may be a 540-A PETITION.

 

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