How to Respond to Rent Overcharges in New Hampshire

If you’re renting in New Hampshire and worried that your landlord is charging you more than agreed, understanding your rights is the first step. Unlike some states, New Hampshire does not have statewide rent control or rent stabilization laws. Still, state law prevents landlords from charging more than the agreed-upon rent in your written lease or rental agreement. This article explains what to do if you think you’re facing a rent overcharge, including where to get help and how to take action.

What Is a Rent Overcharge?

A rent overcharge happens when a landlord asks for more money than your current signed lease allows. This could include extra fees not listed in your agreement or sudden increases without proper written notice.

Does New Hampshire Have Rent Control?

Currently, New Hampshire state law does not set limits on how much a landlord can charge for rent or increase rent. Rent control is not available. However, landlords must follow the terms of your lease, and cannot increase the rent or add fees unless the rental agreement allows it and you are given the proper written notice as required by law.^[1]

If You Suspect You Are Being Overcharged

Review your rental agreement and any notices from your landlord. Compare the charged amount to the lease. If you see a difference that hasn’t been properly explained or noticed to you in writing, you may have grounds to contest the overcharge.

Steps to Take if You Discover a Possible Rent Overcharge

• Check your lease or rental agreement for allowed rent amounts and increase rules.
• Gather evidence such as copies of all payment receipts, rent increase letters, and your lease.
• Communicate in writing with your landlord to clarify or dispute the amount.
• If unresolved, consider filing a formal complaint or seeking legal help.

Filing a Complaint About a Rent Overcharge

Because there’s no state-level rent control office in New Hampshire, complaints usually go through your local city or via the local court system (for instance, through the small claims process). If you feel you are being overcharged and communication has not resolved the dispute, you may consider filing a claim in the district or superior court serving your area.

Relevant Legislation and Tribunal

• NH RSA 540 – Actions Against Tenants governs landlord-tenant matters, including rent disputes.^[2]
• The New Hampshire Circuit Court District Division handles small claims and landlord-tenant disputes.

Official Forms for Rent Disputes

• Small Claim Complaint (NHJB-2190-DP)
  Download Small Claim Complaint Form.
  Use this form if you want to recover money you believe was overcharged (up to $10,000 as of 2024). For example, if your landlord charged $200 more than your lease says for three months, you can file this form in the District Division of Circuit Court.
• Landlord/Tenant Writ (NHJB-2338-DP)
  Download Landlord/Tenant Writ.
  If the rent dispute leads to eviction, this is the primary court form for landlord-tenant proceedings.

How Long Does the Process Take?

Small claims cases generally move quickly—many are resolved within one to two months. Be sure to provide all evidence and documentation with your claim for the best result.

FAQ: Rent Overcharge Complaints in New Hampshire

1. Are there limits on how much my landlord can raise the rent in New Hampshire?
   No, New Hampshire law does not limit rent increases, as there is no rent control. Rent raises must follow your lease terms.^[1]
2. What should I do if my landlord charges more than my lease states?
   Collect your lease and payment records, communicate with your landlord in writing, and if not resolved, file a Small Claim Complaint with the court.
3. Which form do I use to file a rent overcharge complaint?
   Use the NH Small Claim Complaint (NHJB-2190-DP) if seeking return of overcharged rent.
4. Which tribunal handles rent dispute claims in New Hampshire?
   The NH Circuit Court District Division handles small claims and landlord-tenant matters.
5. Will filing a complaint protect me from eviction?
   No, legal protections are limited—attend all court hearings and consider speaking with legal aid.

Conclusion: Key Takeaways for NH Renters

• New Hampshire law does not cap rent, but your landlord must follow your written lease.
• If overcharged, first communicate in writing, then file a Small Claim if needed.
• Gather documentation and seek help from the court or a legal aid agency.

Need Help? Resources for Renters

• New Hampshire Housing: Tenant Rights – Info on your rights, rent increases, and dispute steps.
• New Hampshire Legal Aid – Free or low-cost advice for tenants.
• NH Circuit Court District Division – Find your local courthouse and learn about small claims filing.
• NH Judicial Branch: Filing Small Claims – Step-by-step guidance and official forms.

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1. New Hampshire Revised Statutes Annotated (RSA) 540 – Actions Against Tenants
2. New Hampshire RSA 540-A – Prohibited Practices and Security Deposits

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