New Hampshire Renters’ Emergency Rights After Storms and Floods

Severe weather events like storms or floods can unexpectedly disrupt rental living in New Hampshire. If you’re a tenant and your home is damaged by a storm, or you’re unsure what your landlord must do after a flood, it’s vital to know your emergency rights and what help is available. This guide explains New Hampshire renter protections after storm and flood emergencies, including repair timelines, rent reduction, legal responsibilities, and how to get help if repairs are delayed.

Emergency Responsibilities: What Landlords Must Do

In New Hampshire, state law requires landlords to maintain rental homes in a safe and habitable condition, even after natural disasters. See the detailed laws for rental habitability here.^[1]

• Essential Repairs: Landlords must act promptly to repair damage caused by storms or floods that affects health or safety—such as broken windows, mold, unsafe wiring, leaks, or loss of heat/water.
• Communicate in Writing: Always notify your landlord in writing (email, letter, or a specific form) about storm or flood damage for a record.
• Alternate Housing: If your rental becomes uninhabitable due to storm or flood, you may be entitled to break your lease, have rent reduced or refunded, or be temporarily relocated.

Timeline for Repairs

Landlords must address emergency repairs (those affecting health or safety) "as quickly as possible." Non-emergency repairs must be completed within 14 days of written notice. If your landlord does not act, you have further options.^[2]

Renter Rights in Severe Emergencies

Storm and flood emergencies can create unique challenges. New Hampshire protects tenants from unsafe conditions and unfair treatment after these events:

• No Immediate Eviction: Landlords cannot evict you immediately after a disaster simply because damage occurred. They must follow proper legal procedures.
• Rent Abatement: If part of your home is unusable but you remain, you may qualify for a rent reduction reflecting the unavailable space or services.
• If the entire rental is uninhabitable, your lease may end, and you should not owe rent for the period after evacuation.
• You may be able to file a court petition if repairs are not made or your rights are denied.

Documenting Damages and Requests

After a storm or flood, protect yourself by documenting everything clearly:

• Take photos or videos of all damages to your apartment and possessions.
• Keep copies of all written communications and responses with your landlord.
• Make a timeline of damage, requests, repairs, and replies.

Key Official Forms for Renters

• Landlord-Tenant Petition (NHJB-2323-DP)
  NHJB-2323-DP Landlord-Tenant Petition
  Use this form to file a legal action if your landlord fails to make necessary storm or flood repairs or you seek lawful eviction protections. Example: You formally request emergency repairs, but your landlord ignores you for 14+ days.
• Notice to Quit (Eviction) Forms
  While landlords must use these for evicting tenants, renters should review the notice for validity and timing: official forms and guidelines here.

Many actions require you to file in the New Hampshire Circuit Court – District Division, which handles landlord-tenant cases in the state.

Summary of New Hampshire Emergency Legislation

The main law governing these rights is the New Hampshire Revised Statutes Annotated (RSA) Chapter 540-A – Rental Property Protection.^[1] This law sets required standards of habitability, repair obligations, legal processes for eviction, and your right to petition the court if those standards are not met.

1. What if my rental is unsafe after a flood?
   If your unit is unsafe or uninhabitable due to storm or flood damage, contact your landlord right away in writing and request urgent repairs. If not addressed promptly, you can file a Landlord-Tenant Petition with your local Circuit Court and may be able to withhold rent or end your lease without penalty.
2. Can my landlord force me out because of storm damage?
   No. Your landlord cannot evict you for storm or flood damage unless they follow all legal eviction procedures as required by New Hampshire law. If you receive an eviction notice, review it carefully and consider getting legal help.
3. Am I responsible for repairs after a storm?
   Typically, landlords are responsible for repairing storm or flood damage except when the damage was caused by you or your guest's negligence. Tenants should not attempt major repairs themselves unless agreed in writing.
4. What can I do if my landlord doesn’t make repairs?
   If emergency repairs are not completed within a reasonable time, you may have the right to request rent reduction, withhold rent, or file a petition with the Circuit Court. Always document your requests and responses.
5. Can I get help with temporary housing?
   If your rental is declared unsafe, government assistance or nonprofit programs may be available for temporary shelter. Contact New Hampshire Housing Relief Program or check NH Emergency Services.

Conclusion: Protecting Yourself After Natural Disasters

• Document storm or flood damage and notify your landlord in writing as soon as possible.
• Landlords are required to make prompt repairs to keep your rental safe and habitable.
• If you’re not getting help, contact the New Hampshire landlord-tenant court, and keep a record of all forms and communications.

Being proactive and informed is the best way to protect your home and your rights.

Need Help? Resources for Renters

• New Hampshire Circuit Court – District Division: Landlord-Tenant Cases (handles all official rental disputes)
• RSA 540-A: Rental Property Protection (official tenancy legislation)
• New Hampshire Housing Relief & Rental Assistance
• NH Department of Health and Human Services – Emergency Services
• New Hampshire Legal Assistance: Tenant Services

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1. NH RSA 540-A: Rental Property Protection.
2. New Hampshire Attorney General Consumer Protection: Landlord and Tenant Guide.

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