New Hampshire Hotel and Motel Tenant Rights Explained

If you are renting a room in a hotel or motel in New Hampshire for an extended period, or if you’ve recently shifted from a traditional apartment to a motel due to housing needs, it’s important to understand your rights. Hotel and motel tenants face different rules compared to standard rental apartments, but many renter protections may still apply. This article breaks down the basics, explains official forms and contacts, and offers guidance specific to hotel and motel tenancy rules in New Hampshire.

When Is a Hotel or Motel Guest Considered a Tenant in New Hampshire?

Not all guests in hotels and motels are considered tenants under New Hampshire law. Generally, a guest becomes a tenant if:

• They have stayed for more than 90 consecutive days in the same room or unit.
• They receive mail or deliveries at the location, or the stay is intended as a primary residence.
• They pay rent on a recurring basis (such as weekly or monthly).

If these apply, hotel or motel guests may have similar rights and protections as regular tenants under the New Hampshire Residential Landlord and Tenant Act.¹

Eviction from Hotels and Motels: Process and Protections

Whether you are a guest or a tenant impacts your rights regarding eviction:

• Short-term guests (under 90 days): Can generally be asked to leave by management with little notice, unless there's a written rental agreement.
• Long-term guests or tenants (90 days+): Are entitled to formal eviction procedures under state law.

For tenants covered under the law, a landlord (or hotel/motel operator) cannot remove you without proper notice and a court process. Typically, at least a 7-day or 30-day written notice to quit must be given, depending on the reason for eviction. If you do not leave after proper notice, the landlord must file a legal eviction action, called a Landlord/Tenant Writ (Form NH DC/CV 19).²

Essential Forms for Hotel and Motel Tenants

Landlord/Tenant Writ (Form NH DC/CV 19)

• What is it? This is the official court form used to start an eviction in New Hampshire.
• When is it used? If a landlord seeks to evict you (including from a hotel/motel situation when you’re considered a tenant), they must file this form with the court after giving you required notice.
• How do you respond? If you receive this writ, you can appear in court and present your side. Support staff may be available at the courthouse.
• Download the official Landlord/Tenant Writ (Form DC/CV 19) from the New Hampshire Judicial Branch.

If you believe you have been wrongfully evicted or need help, contact the New Hampshire Circuit Court – District Division for filing or responding to tenancy cases.³

Room Condition, Rent Increases, and Maintenance

Once you reach tenant status (after 90 days or if your stay is used as a home), you become eligible for basic protections:

• Advance written notice of any rent increases (usually 30 days)
• Reasonable standards for room habitability – like heating and running water
• Right to request repairs for serious issues impacting health and safety
• Ability to seek help if facing lockouts or improper eviction actions

Tribunal or Board Handling Tenancy Cases

All eviction disputes, including those involving hotels and motels, are handled by the New Hampshire Circuit Court – District Division. This court oversees residential landlord/tenant matters across the state.

Key Tenancy Legislation

The main law governing residential rentals, hotel and motel tenancy rights in New Hampshire is the NH RSA Chapter 540 – Residential Landlord and Tenant Act. For habitability standards, see RSA 48-A (Minimum Standards for Rental Housing).^1,4

FAQ: Hotel and Motel Tenancy Rights in New Hampshire

1. How do I know if I am a tenant or just a guest in a hotel or motel?
   Generally, if you've stayed 90 days or longer in the same room, or treat the hotel/motel as your main home, state law likely treats you as a tenant, giving you certain rights.
2. Can I be evicted from a motel with no warning?
   If you are a tenant (after 90 days or using the site as housing), you are entitled to proper written notice and a formal court eviction process.
3. What should I do if maintenance issues arise?
   First, notify hotel or motel staff in writing. If you’re a tenant, you may also report ongoing unresolved issues to your local health officer or use court remedies.
4. Is there a limit to how much rent can be increased?
   No state law caps rent increases, but tenants are entitled to advanced written notice (generally 30 days) before increases take effect.
5. Which court handles hotel/motel tenancy disputes?
   The New Hampshire Circuit Court – District Division handles all hotel and motel tenancy eviction cases in the state.

Conclusion: What Every Hotel and Motel Renter in New Hampshire Should Know

• After 90 consecutive days (or if you use a motel as your primary residence), you gain tenant rights and protections.
• Formal eviction requires written notice and a court process – you cannot be locked out or removed without due process.
• Resources and forms are available via state courts and official government websites; seek help if you’re unsure of your status.

Need Help? Resources for Renters

• New Hampshire Judicial Branch – Landlord/Tenant Information
• New Hampshire Legal Aid – Housing & Tenant Rights
• Find Your Local District Division Court – for filing or responding to landlord/tenant cases
• Full Text: NH RSA 540 – Residential Landlord and Tenant Act

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1. NH RSA 540 – Residential Landlord and Tenant Act
2. Landlord/Tenant Writ (DC/CV 19) – New Hampshire Judicial Branch
3. New Hampshire Circuit Court – District Division
4. RSA 48-A – Minimum Standards for Rental Housing

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