Rent Deduction for Repairs: New Hampshire Renter Rights Guide

If you rent a home or apartment in New Hampshire and your landlord hasn’t addressed needed repairs, you may have the right to deduct repair costs from your rent. Knowing when and how to do this safely is important for protecting your rights and keeping your rental in good condition. This guide breaks down the legal process, required forms, and where to turn if you need more help — all specific to New Hampshire law.

When Can Renters Deduct for Repairs in New Hampshire?

In New Hampshire, the law requires landlords to provide and maintain safe, sanitary, and fit rental properties. If a landlord fails to make repairs that affect health or safety after reasonable notice, renters can sometimes arrange for repairs and deduct the cost from their rent. This is known as the “repair and deduct” process and is allowed under certain conditions laid out in New Hampshire law.

What Counts as a Required Repair?

• Broken heating, plumbing, or electrical systems
• Unsafe structural problems
• Serious leaks, pest infestations, or lack of hot water
• Other issues that make your home unsafe or unfit to live in

Minor repairs or cosmetic issues usually do not qualify.

Steps to Apply a Rent Deduction for Repairs

Before you deduct repair costs from your rent, make sure you follow these steps closely to comply with New Hampshire RSA 540-A:3 (Residential Landlord and Tenant Act). Failing to follow proper procedures can lead to eviction or legal disputes.

• Notify your landlord in writing about the repair needed. State the specific problem and request it be fixed in a reasonable timeframe (typically 14 days, or sooner for emergencies).
• Keep a copy of this notice and any communication with your landlord.
• If the repair isn’t made after your written notice, get repair estimates from reputable and licensed professionals.
• Send your landlord another notice with the estimates and the date you intend to start the repair work.
• Arrange and pay for the repair if the landlord still does not respond.
• Deduct only the reasonable cost of repairs from your next rent payment. Attach all receipts and documentation for the landlord.

Tip: Keep all repair-related photos, written notices, estimates, receipts, and communications. Good records protect your rights if there's a dispute.

Official Forms for Renters in New Hampshire

• Sample Repair Request Notice:
  There is no standard state-issued form, but you can use a dated, written letter or email that includes:
  • The address of your rental unit
  • Details of the repair needed
  • The date of your request

  New Hampshire Human Rights Commission – Landlord/Tenant Resources provides helpful guidance on drafting notices.

• RSA 540-A: Tenant Petition
  If your landlord does not respond after your deduction, you can file a Tenant Petition with your local New Hampshire District Court. This form asks the court to address violations of your rental rights.
  • Tenant Petition (NHJB-2328-D)

  Example: If your landlord threatens eviction after you applied a rent deduction, file the Tenant Petition to explain your side and request relief.

What Is the Official Tribunal or Board?

In New Hampshire, residential tenancy disputes are handled by the New Hampshire Circuit Court – District Division. You can apply to your local District Court if your landlord violates your rights or disputes your repair deduction.

Key Legislation

The main law that sets out your rights to a safe rental and repair process is the New Hampshire RSA 540-A (Residential Landlord and Tenant Act), including RSA 540-A:3 (prohibited practices and tenant remedies).

FAQ: Rent Deduction for Repairs in New Hampshire

1. Can I always deduct repair costs from my rent in New Hampshire?
   Not always. You must give written notice and allow your landlord reasonable time to fix the issue first. Only repairs affecting safety or habitability qualify.
2. How much can I deduct from my rent?
   You can only deduct the actual, reasonable cost of the repair, with documentation. Excess deductions may be challenged by your landlord.
3. What if my landlord tries to evict me for using the repair and deduct process?
   You may be protected under New Hampshire law if you followed proper steps. If faced with eviction, you can file a Tenant Petition with your local District Court.
4. Does this process apply to all rental units in New Hampshire?
   Most, but some exceptions apply (such as certain shared accommodations or rooming houses). Always check the specifics of your situation.

Conclusion: What Renters Should Remember

• Always notify your landlord in writing and allow reasonable time for repairs before deducting costs.
• Only deduct costs for serious habitability-related repairs.
• Keep all receipts and communicate openly to avoid disputes.

By understanding and following the correct steps, you can safely use the rent deduction option for necessary repairs in New Hampshire.

Need Help? Resources for Renters

• New Hampshire Circuit Court – District Division (handles tenancy disputes and petitions)
• NH Human Rights Commission – Landlord/Tenant Resources (information and complaint assistance)
• NH Legal Aid – Tenant Help

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1. New Hampshire RSA 540-A: Residential Landlord and Tenant Act
2. New Hampshire Circuit Court – District Division
3. NH Human Rights Commission – Landlord/Tenant Resources
4. Tenant Petition (NHJB-2328-D)

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