Landlord Entry Laws and Stopping Unannounced Visits in New Hampshire

Renters in New Hampshire have clear legal rights protecting their privacy at home. If your landlord enters your rental unit without notice, it can feel stressful and intrusive. Understanding New Hampshire's entry laws can help you assert your rights and prevent repeated, unannounced visits. This guide explains what the law allows, how you can respond, and where to turn for help if your privacy is violated.

Your Privacy Rights as a Tenant in New Hampshire

In New Hampshire, landlords must respect tenants' right to quiet enjoyment of their rental home. State law (RSA 540-A:3) outlines when and how a landlord can lawfully enter your unit:

• Landlords must give "reasonable notice"—typically at least 24 hours—before entering for repairs or inspections, except in emergencies.
• Entry is only permitted at reasonable times, usually during normal business hours.
• Emergency exceptions include things like fire, flooding, or major damage that need immediate attention.

Landlords are not allowed to enter your home for personal reasons or without following proper notice, unless it's an emergency. Any unauthorized entry violates your legal protection as a tenant.

What is Considered Unlawful Entry?

Unlawful entry means your landlord:

• Comes in without giving notice (when it's not an emergency)
• Keeps entering repeatedly or at unreasonable hours
• Enters for reasons not covered by the rental agreement or law

How to Respond to Unannounced Landlord Visits

If your landlord keeps entering without permission, you are legally allowed to object and protect your privacy. Here are some key steps for renters in New Hampshire:

• Communicate in writing: Politely notify your landlord about your privacy rights and reference RSA 540-A:3. Keep a copy for your records.
• Use the state's official "Notice of Violation of RSA 540-A" form. This is an official warning telling your landlord to stop violating the law.
• If the issue continues, you can seek a court order (injunction) from your local New Hampshire Circuit Court, District Division.

Official Forms and How to Use Them

• Notice of Violation of RSA 540-A (NHJB-2991-DS):
  Use this form if your landlord has entered without proper notice. Fill it out and deliver a copy to your landlord. This serves as written notice and is a required step before going to court.
  Example: If your landlord enters twice this month without notice and it's not an emergency, you would complete and deliver this form.
• Petition for Relief under RSA 540-A (NHJB-2164-DS):
  If the landlord continues unlawful entry after notice, use this form to request a court order (injunction) to stop the behavior. File it at your local Circuit Court, District Division.
  Example: If your landlord ignores the notice and keeps entering, you file this petition asking the court to intervene.

Filing these forms gives you official documentation and starts a process supervised by the court. Courts can order landlords to stop, and there are penalties if violations continue.

Relevant Tribunal and Legal Protections

Tenant-landlord disputes about entry or privacy in New Hampshire are handled by the New Hampshire Circuit Court, District Division. They review evidence, issue orders, and enforce tenant rights.

The main law governing landlord entry and tenant privacy is RSA 540-A:3 (Entry into Rented Premises). This law applies to almost all residential rental properties in the state.

Summary

Understanding your rights under RSA 540-A protects your privacy and peace of mind. There are official steps and forms to assert your rights and stop unannounced visits by your landlord.

FAQs: Stopping Landlord Unannounced Visits in New Hampshire

1. How much notice does a landlord need to give before entering in New Hampshire?
   Landlords typically must give at least 24 hours' notice before entering, except in emergencies.
2. What should I do if my landlord enters without notice?
   Politely remind them in writing of the notice requirement and use the "Notice of Violation of RSA 540-A" form if it continues.
3. Can a landlord enter my home when I'm not there?
   Entry is only allowed with notice for lawful reasons or emergencies, regardless of your presence.
4. Where do I file a complaint if my landlord keeps violating my privacy?
   File a "Petition for Relief" at your local New Hampshire Circuit Court, District Division.
5. Is there a penalty if my landlord ignores the law?
   Yes. Landlords who violate RSA 540-A repeatedly can face fines and court orders.

Need Help? Resources for Renters

• New Hampshire Circuit Court, District Division: Handle entry, privacy, and general landlord-tenant disputes.
• New Hampshire Housing – Tenant Resources: Official guidance and tenant rights information.
• NH Legal Aid – Housing Self-Help Guides: Plain-language help for resolving landlord-tenant problems.

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1. RSA 540-A:3: Entry into Rented Premises
2. Notice of Violation of RSA 540-A (NHJB-2991-DS)
3. Petition for Relief under RSA 540-A (NHJB-2164-DS)
4. New Hampshire Circuit Court, District Division
5. New Hampshire Housing – Tenant Resources

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