New Hampshire Rules for Landlord Utility Shut-Offs

If you rent a home or apartment in New Hampshire, utilities like electricity are essential for your safety and comfort. Unfortunately, non-payment conflicts sometimes arise. As a renter, it's important to understand the strict rules on when (and how) a landlord can legally shut off utilities for non-payment in New Hampshire.

Can a Landlord Legally Shut Off Your Electricity in New Hampshire?

New Hampshire state law offers strong protections for renters regarding utility shut-offs. In most cases, a landlord is not allowed to shut off, or cause to be shut off, the supply of electricity, heat, or water to a tenant’s dwelling as a way to force payment or get a tenant to leave.

• Utility shutoffs are usually considered landlord “self-help” evictions and are illegal.
• Landlords must go through formal eviction proceedings in the New Hampshire Circuit Court if they want a tenant to leave for non-payment.
• No matter what your lease says, NH law takes priority to protect tenants from losing essential services.

This rule is found in RSA 540-A:3 (Duty to Provide Services), part of New Hampshire's Residential Landlord and Tenant Act.¹

When Can an Electricity Shut-Off Happen?

The only situation where electricity may be lawfully shut off is if the tenant has their own account with the utility company and fails to pay their bill directly. In that case, the utility provider (not the landlord) may follow its regular shutoff procedures and required notice.

If the utilities are in your landlord’s name, a shut-off in retaliation for non-payment of rent is never legal without a court order.

What Should You Do if Your Landlord Threatens or Shuts Off Utilities?

• Document all communication and actions by your landlord.
• Contact your local municipality or city code enforcement office. Utility shutoff is usually a housing code violation.
• Consider filing an “Emergency Motion for Relief” (see below) with the New Hampshire Circuit Court to restore services or stop a threatened unlawful shutoff.
• You may be entitled to damages, reduced rent, or other remedies under the law.

Key Forms and How to Use Them

• Emergency Motion for Relief from Illegal Utility Termination
  When to use: If your landlord has shut off your utilities or threatens to do so, you may file an Emergency Motion with the court to order restoration.
  How it works: Complete the motion form and submit it to your local New Hampshire Circuit Court – District Division (Landlord/Tenant Cases).
  Official form (NH Circuit Court Emergency Motion)

Completing this form quickly can help get your electricity restored fast. Attach copies of your lease and any relevant communications.

What Protections Do You Have?

Under New Hampshire law (RSA 540-A:3), landlords are responsible for keeping essential services (including electricity) in safe, working order unless your written lease clearly makes you responsible for managing and paying for those utilities directly. Even then, landlords cannot take retaliatory or coercive actions to force you to leave.

• Utilities cannot be used as a tool for eviction.
• Landlords must follow the legal eviction process through the courts if you owe rent.

FAQ: Renters' Rights About Utility Shut-Offs in New Hampshire

1. Can my landlord legally shut off my electricity if I don’t pay rent?
   No. Under New Hampshire law, this is illegal. Landlords must use the legal eviction process, not utility shut-offs.
2. What should I do if my landlord cuts off my power?
   Document the shut-off, contact local authorities, and consider filing an Emergency Motion in court to restore services.
3. Are there penalties for landlords who violate these rules?
   Yes. A landlord who illegally shuts off utilities may owe you damages, reduced rent, and could face fines.
4. Can the utility company shut off my electricity if I don't pay the bill?
   Only if the account is in your name. If it's in the landlord's name and you are current with any utility payments owed under your lease, the landlord cannot disconnect service.
5. Where can I get help if my utilities are shut off?
   You can contact the New Hampshire Department of Justice Consumer Protection Bureau or your local court.

Key Takeaways: New Hampshire Utility Shut-Off Rules

• Landlords in NH cannot legally shut off your electricity to force payment or eviction.
• If utilities are turned off, you can file an emergency court motion to restore service.
• Only utility companies (not landlords) may disconnect service for non-payment in the tenant’s name, following proper notice.

It’s always best to know your rights and keep detailed records if you experience any issues with utility shut-offs.

Need Help? Resources for Renters

• New Hampshire Circuit Court – Landlord/Tenant Division: Handles all landlord-tenant matters, including emergency motions.
• NH Department of Justice Consumer Protection Bureau: For reporting unfair landlord practices and utility concerns.
• New Hampshire Housing Finance Authority Tenant Resources: Guidance for renters in crisis.
• NH Legal Aid – Illegal Utility Shut-Off

---

1. New Hampshire RSA 540-A:3: Duty to Provide Services
2. New Hampshire Residential Landlord and Tenant Act (RSA 540-A)
3. New Hampshire Circuit Court – Landlord/Tenant Division
4. NH Circuit Court Emergency Motion for Relief (form)
5. NH Department of Justice: Utility Consumer Assistance

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations