New Hampshire Emergency Repair Rights for Renters

If you’re renting in New Hampshire and suddenly face a plumbing leak, broken heating in winter, or another urgent repair issue, knowing your rights and responsibilities is crucial. New Hampshire law gives renters important protections when it comes to emergency repairs, but understanding when you can act—and how to do so correctly—can save you time, money, and stress.

What Is an Emergency Repair?

Emergency repairs refer to serious problems that threaten your health or safety or make your home uninhabitable. In New Hampshire, examples include:

• No heat during the legally required months (between September 15 – June 15)
• Major plumbing leaks or sewage backups
• Broken doors or windows that compromise security
• No running water or electricity
• Pest infestations affecting safety or health

Minor issues like a dripping faucet or a broken cabinet handle are not considered emergencies.

Your Landlord's Duty for Emergency Repairs

Under the New Hampshire Residential Landlord and Tenant Act, your landlord must maintain your rental unit in a safe, livable condition and make necessary repairs promptly.^[1] When an emergency arises, you should notify your landlord as soon as possible, ideally in writing, even if you also call them directly.

When Can You Call a Professional for Emergency Repairs?

If your landlord does not respond or take action in a "reasonable amount of time" (often interpreted as 24 hours for true emergencies), New Hampshire law allows you to address the problem yourself—in some circumstances. You may:

• Hire a licensed professional (such as a plumber or electrician) to fix the emergency issue
• Deduct the reasonable cost of the repair from your rent (known as "repair and deduct")

However, you must:

• Ensure the issue qualifies as an emergency under the law
• Give the landlord prompt notice and a chance to respond
• Keep all receipts and provide them to your landlord
• Deduct only reasonable, documented costs

Important Steps for Renters Taking Emergency Action

• Notify your landlord immediately in writing about the emergency.
• If possible, provide photos or video to document the issue.
• Wait a reasonable time for your landlord to respond (usually 24 hours for emergencies).
• If there’s no response, hire a qualified, licensed contractor.
• Keep all documentation and invoices.
• Notify your landlord again that you completed the repair and will deduct the cost from rent.

If you’re ever unsure if your situation qualifies or about the process, reach out to official renter resources or seek legal help before acting.

Official Forms and How to Use Them

• Notice of Demand for Repairs (No official state form number)
  How to use: Provide a written notice to your landlord describing the issue and requesting urgent repair. While New Hampshire does not provide an official form, sample templates are available from the NH Judicial Branch forms page. Include the date, your address, a clear description of the problem, and your request for prompt action.
• Landlord-Tenant Writ (NHJB-2339-DP)
  How to use: If your landlord tries to evict you in retaliation for requesting repairs, you may receive this official court-initiated eviction notice. Respond promptly. Forms and instructions are available on the NH Courts Landlord and Tenant Forms page.

How to Escalate Unresolved Emergencies

If problems aren’t fixed quickly and seriously affect safety or livability, you have the right to:

• Contact your local health or code enforcement officer to request an inspection
• File a complaint with your city or town government
• Request a hearing in the appropriate state district court (the tribunal overseeing rental disputes in New Hampshire)

The New Hampshire Circuit Court, District Division is responsible for rental housing disputes, including emergency repair issues.^[2]

FAQ: Emergency Repairs in New Hampshire Rentals

1. What counts as an emergency repair in New Hampshire?
   Any repair issue that directly threatens your safety, health, or makes your home uninhabitable—like lack of heat in winter, burst pipes, or loss of essential utilities.
2. How long does my landlord have to fix an emergency?
   While the law doesn’t set a specific hour limit, your landlord generally must act within 24 hours for true emergencies to protect your health and safety.
3. Can I withhold rent if my landlord doesn’t fix an emergency?
   No. You cannot withhold rent, but you may use the "repair and deduct" option—pay for the repair yourself, then deduct the actual cost from your next rent payment, after following proper procedures.
4. Is there a required form to request repairs?
   No official statewide form, but any written notice clearly describing the emergency and requesting action is accepted. Retain a copy for your records.
5. What if my landlord retaliates against me for requesting a repair?
   Retaliation is illegal in New Hampshire. If you face threats of eviction or other negative action after asserting your rights, contact the district court or the resources listed below.

Key Takeaways for New Hampshire Renters

• Report emergencies to your landlord immediately and in writing.
• If your landlord doesn’t act quickly, you may be able to organize repairs and deduct the cost, but keep careful records.
• Contact official state or local resources if you encounter retaliation or unresolved hazards.

Understanding your emergency repair rights helps keep your home safe and your rights protected.

Need Help? Resources for Renters

• New Hampshire Circuit Court, District Division – handles rental repair disputes and tenant cases
• NH Department of Health and Human Services – for health code/sanitation issues
• NH Housing Finance Authority – renter assistance programs and resources
• Local city or town code enforcement offices – for urgent inspection or habitability complaints

---

1. New Hampshire Residential Landlord and Tenant Act (RSA 540-A)
2. New Hampshire Circuit Court, District Division – landlord/tenant cases

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations