New Hampshire Renters: Smoking Rules and Your Rights

If you’re renting in New Hampshire, it’s important to understand what your landlord can and cannot require regarding smoking, both for cigarettes and other products. Knowing your rights can help you avoid disputes, maintain a healthy living environment, and act swiftly if problems arise. Here’s what every renter should know about New Hampshire rental smoking policies, inspections, and disclosures.

Smoking Policies in New Hampshire Rental Units

New Hampshire law does not explicitly prohibit smoking in private residential rentals, but local policies and landlord rules may restrict or ban smoking on the property or in individual units. These rules can cover tobacco, cannabis, and vaping. Whether you smoke or want to avoid secondhand smoke, it’s vital to understand what a landlord must disclose and how these rules are enforced.

Can Landlords Ban Smoking?

• Yes, landlords can create and enforce no-smoking policies in their lease agreements. This applies to all types of smoking, including tobacco, cannabis, and electronic cigarettes.
• Any smoking policy must be clearly outlined in your written rental agreement.
• Landlords can designate certain areas or buildings as smoke-free but must communicate any expectations before you sign a lease.

There is no statewide requirement in New Hampshire that every landlord disclose a smoking policy. However, transparency protects both you and the property owner from disputes.

Disclosure Requirements and Inspections

• Rental agreements in New Hampshire should specify all property rules, including any no-smoking provisions.^[1]
• Some municipalities may have additional disclosure requirements or smoke-free laws—always check with your local city or town offices.
• No specific state inspection is required solely regarding smoking, but routine move-in inspections may note smoke damage or odor as a condition issue.

What If You Have Concerns About Secondhand Smoke?

• If your lease does not mention a smoking policy, ask for clarification from your landlord in writing.
• If secondhand smoke is invading your unit and you suffer health problems or lost enjoyment, you may be able to request remediation or reasonable accommodation (for example, if you have a respiratory disability).
• Document all communication and keep a log of issues.

If you need to make a formal request or complaint about smoke in your unit, always start in writing and keep a dated copy. If informal routes fail, contacting New Hampshire Housing or your local health department may help.

Official Forms and How to Use Them

While there is no statewide “no smoking disclosure” form in New Hampshire, the standard Rental Housing Lease Agreement is where your rights and responsibilities regarding smoking are documented.

• Form Name: New Hampshire Residential Rental Agreement (no standard state-issued number)
• When and How Used: Before you move in, make sure your lease states the smoking policy. If a policy changes mid-lease, landlords generally need to provide written notification and, in most cases, wait until renewal to enforce new restrictions.
• Sample lease templates and tenant rights resources (New Hampshire Housing)

Dealing with Disputes

Disagreements over smoking often arise when a rule is unclear or has changed. The main agency responsible for addressing general tenant-landlord issues is the New Hampshire Circuit Court, District Division (handles landlord-tenant cases), and for general help, New Hampshire Housing provides clear guides and links to official complaint processes.

If you need a step-by-step process for making a complaint:

• Refer first to any dispute or complaint process outlined in your lease.
• Contact your landlord in writing, describing the problem and your requested solution.
• If the problem isn’t solved, consider contacting the New Hampshire Circuit Court for formal dispute resolution.

Understanding Applicable Laws

• New Hampshire RSA 540: Landlord and Tenant is the primary legislation governing rental rights and responsibilities.^[1]
• Check with your town or city for any local ordinances, especially on multi-unit housing.

Frequently Asked Questions

1. Does New Hampshire law ban smoking in all rental apartments?
   No, there is no statewide ban. Individual landlords may restrict or prohibit smoking through the lease.
2. Can a landlord add a no-smoking rule in the middle of my lease?
   Usually, lease rules cannot be changed until renewal unless both parties agree. Always check your lease and get any changes in writing.
3. If my neighbor smokes and it comes into my unit, what can I do?
   Document the issue, contact your landlord, and ask for options. If unresolved, contact local health authorities or the court.
4. Is there an official form for reporting smoke complaints in New Hampshire?
   No single statewide form exists. Use written letters/emails to your landlord. For ongoing issues, your local health department or district court may accept formal complaints.
5. Does any agency enforce smoke-free housing in New Hampshire?
   There is no specific agency for smoke rules in rentals. Complaints usually go to landlords, local health departments, or the New Hampshire Circuit Court.

Conclusion: Key Takeaways for NH Renters

• New Hampshire landlords can restrict or prohibit smoking, but those terms must be in your lease.
• Always review your lease for smoking rules, and get clarifications in writing.
• For disputes that can’t be resolved informally, official resources and the court system can help renters find solutions.

Need Help? Resources for Renters

• New Hampshire Circuit Court, District Division – Landlord/Tenant Division
• New Hampshire Housing – Tenant Rights & Sample Lease
• View RSA 540: Landlord and Tenant Legislation
• For accessible help or advocacy, call 211 or visit New Hampshire 211 Resources

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1. New Hampshire RSA 540: Landlord and Tenant

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