New Hampshire Occupancy Limits: Laws on Roommates and Overcrowding

Knowing occupancy limits and overcrowding laws is essential for renters in New Hampshire—especially if you share your home with roommates or sublet rooms. The Granite State has regulations aimed at making sure your living space is safe and up to code. This article explains what New Hampshire law says about how many people can live in a rental unit, your rights as a tenant, and your next steps if your living situation is questioned.

Understanding Occupancy Limits in New Hampshire

New Hampshire does not set strict state-wide occupancy limits for rental properties, but local cities and towns often have their own rules based on building codes and adopted housing standards. The most common standard followed is the International Property Maintenance Code (IPMC), which many communities use as a guideline.

• General guideline: Typically, building codes suggest no more than two people per habitable room (excluding kitchens and bathrooms).
• Each sleeping room may have specific minimum size requirements—usually about 70 square feet for one person and 50 more for each additional person.
• Local ordinances may impose stricter standards—always check with your town or city housing department.

Landlords must follow these occupancy rules to ensure the property does not become overcrowded, which could create health and safety risks for tenants.

How Overcrowding Can Affect Renters

If a landlord believes too many people are living in a rental unit, they may issue a warning or take action, such as asking you to reduce the number of occupants. However, they cannot evict you without following legal procedures and giving proper notice as required by the New Hampshire Residential Landlord and Tenant Act.¹

• Family Status Protection: Under federal Fair Housing laws, families with children are protected against unreasonable occupancy restrictions. Landlords cannot use occupancy limits to discriminate based on family status.
• Roommate or Guest Policies: These may be outlined in your lease. If there are restrictions, they must be clearly stated and comply with housing laws.

Tip: If your landlord tries to enforce stricter occupancy rules than local laws or your lease allows, ask for the specific ordinance or regulation supporting their claim.

Relevant Official Forms and How to Use Them

While New Hampshire does not have a single official statewide "Occupancy Complaint" form, tenants can take action if overcrowding is an issue or if you’re facing unfair accusations from a landlord.

• Landlord-Tenant Petition (NH Judicial Branch Form "Landlord-Tenant Writ")
  Use this form if your landlord tries to evict you based on alleged overcrowding. It’s filed by landlords, but tenants can defend themselves at the scheduled court hearing.
  Landlord-Tenant Writ Form (NHJB-2333-DS)
  Example: If you receive notice of eviction for "overcrowding," attend the court date with any evidence showing you did not violate local occupancy limits.
• NH Judicial Branch Housing Complaint Process
  If you need to challenge an eviction or raise a complaint, follow the housing court process for landlord-tenant matters.
  New Hampshire Landlord and Tenant Court Process
• Local Code Enforcement Complaint
  If you believe your unit is overcrowded or unsafe, contact your town or city’s code enforcement or health department. Each municipality may have its own reporting procedure. For example, use the Manchester Code Enforcement contact form for that city.

Consult your local town or city's official website to find specific forms or online reporting tools available in your area.

How to Respond to Occupancy or Overcrowding Notices

If your landlord claims you are violating occupancy limits:

• Request a written explanation, including the specific law, ordinance, or lease clause you are alleged to have violated.
• Gather evidence (lease copy, communications, local code references) that supports your position.
• If given notice of eviction, attend all scheduled court hearings and present your evidence.
• Contact your local code enforcement office to clarify the occupancy laws that apply to your address.

Who Oversees Tenancy and Occupancy Issues in New Hampshire?

In New Hampshire, most housing disputes and occupancy questions are handled by the local District Court system. You can learn more about the process or look up your local court via the New Hampshire Circuit Court: District Division.

Tenancy and landlord-tenant relationships are governed primarily by the New Hampshire Residential Landlord and Tenant Act (RSA 540-A).¹

Frequently Asked Questions

1. Can my landlord limit how many roommates I have in New Hampshire?
   Landlords can set reasonable occupancy limits based on the size of the unit and local building codes but cannot create discriminatory or arbitrary restrictions.
2. What should I do if I receive an eviction notice for overcrowding?
   Request written justification from your landlord, review your lease, check local codes, and prepare your defense for the court hearing if needed. You have the right to challenge the notice in court.
3. Are overnight guests included in occupancy limits?
   Occasional overnight guests usually are not counted, but if someone is living at the unit long-term, local codes and your lease could require they be considered occupants.
4. Where do I report truly overcrowded or unsafe rental conditions?
   Contact your local city or town health department or code enforcement office to file a safety or overcrowding complaint. Links are typically found on your municipality’s official website.
5. Is there legal protection if my family is larger than average?
   Yes. Federal Fair Housing laws protect families from occupancy limits that discriminate against children or family status. Local rules must be reasonable and cannot treat families unfairly.

Conclusion: What Every New Hampshire Renter Should Know

• New Hampshire occupancy limits are mostly set by local governments, so always check your city or town’s code.
• Landlords can only enforce legal, reasonable limits and must follow fair procedures for complaints or eviction.
• You have the right to defend yourself in housing court, and there are resources to help guide you through the process.

Understanding occupancy and overcrowding laws helps protect your rights and promotes safe living for all renters.

Need Help? Resources for Renters

• New Hampshire Housing Finance Authority – Tenant resources, housing advice, and assistance
• New Hampshire Legal Assistance – Free legal aid for low-income renters
• NH Circuit Court - Landlord and Tenant Process – Official court process, forms, and instructions
• NH State Building Code Review Board – Laws and rules for property standards and occupancy
• Local City/Town Code Enforcement Offices – Contact your municipality for reporting forms and local regulations

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1. New Hampshire Residential Landlord and Tenant Act, RSA 540-A

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