Refusing to Move In After Inspection in New Hampshire: Renter Rights

Before you move into a rental home in New Hampshire, it’s normal to want the space to be safe, clean, and fit to live in. If your walk-through inspection reveals serious concerns, you might wonder if you can refuse to move in—and what your rights are under New Hampshire law. This article explains when you can say no to moving in, the legal protections you have, and how to protect yourself as a renter.

Inspections and Habitability: Your Rights as a New Hampshire Renter

New Hampshire law protects renters by requiring landlords to ensure a property is habitable and complies with all State Rental Property Standards. A move-in inspection—often completed before you accept the keys or pay rent—lets you document the condition of the property.

What Makes a Rental 'Unfit' to Move Into?

Under the New Hampshire Residential Rental Property Law (RSA 540-A), landlords must provide rental units that:

• Are free from significant health or safety hazards (such as exposed wiring, no heat, no running water, or unsafe stairways)
• Comply with state and local building codes
• Are fit for human occupancy, meaning no infestations, significant leaks, or hazardous mold

If the rental unit fails to meet these standards at your move-in inspection, you may have grounds to refuse occupancy.

Refusing to Move In: When and How Is It Allowed?

If you discover serious issues during your inspection—like no functioning heat in the winter or unsafe building conditions—you can lawfully refuse to move in without penalty. Document these issues with photos, write a detailed list, and immediately notify your landlord in writing.

Situations where it’s reasonable to refuse moving in include:

• Health or code violations identified by the town/city or by your own documentation
• The landlord fails to remedy major repairs agreed to in writing before your move-in date
• The unit is different from what was described in the lease or advertisement in a way that makes it uninhabitable

New Hampshire Official Forms and Practical Steps

• Move-In/Move-Out Checklist (No standard statewide form): Some landlords offer their own checklist. Renters are encouraged to create a written checklist, sign it during the inspection, and keep a copy. There's no official state form, but for documentation, see sample forms from the NH Housing Rental Inspection Checklist.
• Written Complaint to Landlord: Send a dated, written complaint specifying the issues and request that they be addressed before you move in. If problems are not fixed, this written document can support your right to refuse moving in.

For major code violations, you may also file a report with your local health or code enforcement office. Find your local code enforcement office here.

Tribunal Handling Rental Disputes in New Hampshire

The tribunal responsible for residential landlord-tenant matters in New Hampshire is the local court system (specifically District Courts for summary possession actions). For information or to find your court, visit the New Hampshire Circuit Court District Division.

Key Legal Protections for New Hampshire Renters

• Your security deposit cannot be withheld if you never legally "take possession" due to a habitability violation^[1].
• You may walk away from the lease if the unit is unsafe or uninhabitable at move-in, with documentation.
• If a landlord refuses necessary repairs, you can seek mediation or file a complaint with your local court.

These protections are set out in RSA 540-A and RSA 540-B of New Hampshire law.

1. Can I cancel my lease if the apartment is not ready on move-in day?
   If the unit is uninhabitable or unsafe according to state law at move-in, you may refuse to move in and potentially cancel your lease without penalty. Document all issues and notify your landlord in writing.
2. Do I get my deposit back if I do not move in due to habitability concerns?
   Yes, if you have not "taken possession" and the landlord is in violation of habitability laws, your deposit should be returned in full.^[2]
3. What if the landlord promises repairs after move-in but doesn’t deliver?
   If repairs are critical to your health or safety and not completed, you may refuse to move in until the issues are fixed and seek help from your local court or code enforcement office.
4. Are there official forms for refusing to move in in New Hampshire?
   No, there is no state-issued form for refusal. Use written communication with detailed documentation and photos to notify the landlord, and keep copies for court if needed.
5. Who handles tenant complaints about unsafe living conditions?
   Your local code enforcement office or the New Hampshire Circuit Court District Division can help address serious habitability issues if your landlord does not cooperate.

Conclusion: What Renters Should Remember

• Inspect thoroughly and document any habitability issues before moving in.
• You have the right to refuse to move in if the home is unfit or unsafe—document everything and notify your landlord in writing.
• Reach out to local code enforcement or your district court if you need help enforcing your rights.

Knowing your rights can help you avoid problems and keep your deposit protected.

Need Help? Resources for Renters

• New Hampshire Residential Rental Property Law (RSA 540-A)
• New Hampshire Housing Rental Inspection Checklist
• New Hampshire Legal Aid – Tenant Rights and Responsibilities
• New Hampshire Circuit Court District Division

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1. See RSA 540-A:3 for requirements regarding habitability and tenant protections.
2. Deposit rules: RSA 540-A:6

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