What should I do if my tap water looks or smells bad in my rental?

Notify your landlord in writing right away. If they don't respond, contact your local health department or request help from the New Hampshire Department of Environmental Services.

Can I withhold rent if my landlord doesn't fix water quality problems?

You cannot legally withhold rent without following proper legal procedures. Instead, file a complaint or take your case to district court.

Who is responsible for water quality if my unit uses a private well?

The landlord is responsible for maintaining and testing the well to ensure the water is safe for tenants.

Does the landlord have to test the drinking water regularly?

It is strongly recommended, especially for private wells. For newer constructions, initial testing and disclosure are required by law.

What official form do I use if court action is needed?

You can file a Landlord-Tenant Writ (NHJB-2301-DP) at your local district court if your landlord does not address water safety issues.

New Hampshire Rental Properties: Drinking Water Standards Explained

Health & Safety Standards New Hampshire published June 21, 2025

Having safe and clean drinking water is a critical health and safety standard for everyone, including those renting homes or apartments in New Hampshire. State and federal laws set important requirements that landlords must follow to ensure renters have access to potable water. Understanding these rules helps tenants protect their health and assert their rights when water quality issues arise.

Understanding Safe Drinking Water Requirements in New Hampshire Rentals

Most rental properties in New Hampshire must provide safe, potable (drinkable) water at all times. This includes requirements for both public water systems and private wells. The state enforces these standards to protect renters' health and maintain basic living conditions.

What Does the Law Say?

Implied Warranty of Habitability: State law (NH RSA 48-A and RSA 540-A) requires landlords to maintain rental units in a safe and sanitary condition, including providing water that is safe to drink and use for domestic purposes.
Public Water Systems: Properties connected to public water must comply with the U.S. Environmental Protection Agency (EPA) drinking water regulations and state standards enforced by the New Hampshire Department of Environmental Services (NHDES).
Private Wells: Landlords of properties using private wells are responsible for maintaining the well so that water remains potable. For properties built after 1987, landlords must test drinking water for contaminants listed in NH Administrative Rules Env-Dw 700.

Landlord Responsibilities

Ensure the water supply is clean, accessible, and safe to drink.
If using a private well, periodically test for bacteria, nitrate, and other contaminants. State guidelines recommend testing annually for basic safety.
Promptly repair water systems if issues are reported or discovered.
Address tenant complaints about water quality quickly and effectively.

Landlords who fail to provide safe drinking water may violate the "Warranty of Habitability," which is enforced by state law.

Where to Report Water Quality Issues

If you believe your rental property’s drinking water is unsafe, start by notifying your landlord, preferably in writing. If the problem is not addressed, you have several options:

Contact the New Hampshire Department of Environmental Services (NHDES) for water quality information and complaint procedures.
Reach out to your local health department if you suspect immediate health risks.
For legal action, you may file a complaint in your local district court (which handles landlord-tenant disputes in New Hampshire).

Official Forms for Renters

Notice of Housing Code Violation (No state form number): If your water is unsafe and your landlord fails to act, you can request an inspection or submit a complaint to your municipal health or code enforcement office. Find your local office via the NH Municipal Directory. This is usually a straightforward letter or report, but check with your municipality for a sample form or online submission option.
Tip: Always keep copies of your written communications for your records.
Landlord-Tenant Writ / Complaint (NHJB-2301-DP): If conditions aren’t fixed, renters can file this form at their local district court to start a case for repairs or damages. Access the form and instructions at the New Hampshire Judicial Branch - Landlord-Tenant Forms.

Example: If you notify your landlord in writing that your water is discolored or smells unusual, and no repairs are made, you can request an inspection from your local health office. If the landlord still does not fix the issue, filing the "Landlord-Tenant Writ" form (NHJB-2301-DP) with the court is your next step.

Who Oversees Tenant and Landlord Disputes?

In New Hampshire, residential tenancy matters, including water quality disputes, are handled by the New Hampshire Circuit Court, District Division. This is where renters can file official complaints and legal actions related to rental property health and safety.

Relevant Legislation

These state laws and standards define landlords’ obligations and the remedies available to renters.

FAQ

What should I do if my tap water looks or smells bad in my rental?
Notify your landlord in writing right away. If they don't respond, contact your local health department or request help from the New Hampshire Department of Environmental Services.
Can I withhold rent if my landlord doesn't fix water quality problems?
You cannot legally withhold rent without going through proper procedures. Instead, file a complaint or take your case to district court following New Hampshire law.
Who is responsible for water quality if my unit uses a private well?
The landlord is responsible for maintaining and testing the well to ensure the water is safe for tenants.
Does the landlord have to test the drinking water regularly?
It's strongly recommended, especially for private wells. For newer constructions, initial testing and disclosure are required by law.
What official form do I use if court action is needed?
File a "Landlord-Tenant Writ (NHJB-2301-DP)" at your local district court, outlining the issue and requested remedy.

Summary of Key Takeaways

New Hampshire law requires landlords to provide safe, potable drinking water in all rental units.
Tenants should report issues in writing and escalate to local authorities or court if needed.
Residential tenancy disputes are handled by the New Hampshire Circuit Court, District Division.

Being informed about water safety standards can help protect your rights and well-being as a renter.

Need Help? Resources for Renters

New Hampshire Department of Environmental Services (NHDES) – Water testing guidelines and complaint process.
New Hampshire Legal Assistance – Renter rights information and assistance.
New Hampshire Circuit Court, District Division – Landlord-tenant case information.
NH Municipal Directory – Find your local health/code enforcement office.

RSA 48-A:14 – Local Housing Standards
RSA 540-A – Prohibited Practices and Security Deposits
Env-Dw 700 – Health Standards for Drinking Water
Landlord-Tenant Writ (NHJB-2301-DP) – New Hampshire Judicial Branch