Suing for Invasion of Privacy by a Landlord in New Hampshire

If you're renting in New Hampshire, you have important rights concerning your personal privacy. Landlords must follow state laws, especially when it comes to entering your home. If a landlord unlawfully invades your privacy—such as entering without proper notice or surveillance without consent—you may have grounds to take legal action. This guide will help you understand your privacy rights, what counts as a violation, and steps you can take if your privacy has been invaded in New Hampshire.

Understanding Your Privacy Rights as a Renter

New Hampshire renters are protected by both state law and rules set by the tribunal that oversees landlord-tenant relationships. Under New Hampshire RSA 540-A:3, a landlord may only enter your dwelling under specific circumstances, such as:

• To inspect the premises
• To make necessary or agreed repairs
• To show the dwelling to prospective tenants or buyers
• Emergencies, such as a burst pipe

Except in an emergency, landlords must provide "reasonable notice" prior to entry, typically considered to be at least 24 hours.^[1]

What Constitutes an Invasion of Privacy?

An invasion of privacy can happen when your landlord:

• Enters your home without giving proper notice
• Repeatedly enters at unreasonable times
• Installs cameras or other monitoring devices without your consent

Steps to Take if Your Privacy Has Been Invaded

If you believe your landlord has violated your privacy rights, here are the recommended steps for New Hampshire renters:

• Document the Incidents: Record dates, times, and details of each incident, and keep any communication with your landlord.
• Send a Written Complaint: Inform your landlord in writing that you believe your rights have been violated. Keep a dated copy.
• File a Complaint with the Official Tribunal: In New Hampshire, the tribunal handling residential tenancy matters is your local District Court (Landlord-Tenant Division).
• Consider Legal Action: You may sue for damages if the landlord repeatedly or willfully violates privacy rights.

Official Forms for New Hampshire Renters

• Landlord/Tenant Writ (NHJB-2323-DP): Used to initiate an action against your landlord in District Court. For example, if you've sent written notice about the privacy invasion and the issue is unresolved, you may file this form to begin formal court proceedings.
  Download Landlord/Tenant Writ (NHJB-2323-DP)
• Petition for Relief: If seeking an emergency court order to prevent further unlawful entry or privacy invasion, your attorney can help file a petition for relief in District Court. While there is no universal statewide petition form, your local court clerk can provide the correct documents. Find your court clerk and resources.

After you file, the court will serve the landlord and a hearing will be scheduled, where you can present evidence of privacy invasion.

What Can You Recover if You Win?

If the court finds your privacy rights were invaded, you may be awarded:

• Actual damages—such as costs or losses you suffered
• Up to $1,000 in additional damages or one month's rent, whichever is greater, for each willful violation^[2]
• Court costs and sometimes attorney fees

Keep all written records and communications with your landlord. Good documentation makes a stronger case in court.

FAQ: Suing for Invasion of Privacy as a New Hampshire Renter

1. Do landlords need to give notice before entering in New Hampshire?
   Yes, except for emergencies, landlords must provide reasonable notice, usually at least 24 hours in advance.
2. What agency or tribunal hears these cases in New Hampshire?
   The New Hampshire District Court, specifically the Landlord-Tenant Division, is the official tribunal for residential tenant matters. See the NH District Court information page.
3. What should I do if my landlord ignores my complaint?
   If your landlord continues privacy violations after a written complaint, you can file a Landlord/Tenant Writ in District Court and potentially recover damages.
4. Can I sue for invasion of privacy if my landlord uses surveillance cameras?
   Yes. Secretly installing cameras in private living spaces without your permission is a serious violation of privacy.
5. Is there a time limit to bring a privacy claim?
   Generally, you should file your claim within three years from the date of the privacy violation under New Hampshire's statute of limitations. For more, visit NH Courts: Landlord/Tenant Self-Help.

Key Takeaways for New Hampshire Renters

• Landlords are required to give reasonable notice before entering your unit, unless there's an emergency.
• Document all incidents and communication to strengthen your legal position.
• Use official court forms and file with the New Hampshire District Court to protect your privacy rights.

Need Help? Resources for Renters

• New Hampshire Judicial Branch Landlord/Tenant Self-Help: Official forms and guides
• NH Housing Finance Authority Tenant Resources: Tenant rights and housing help
• New Hampshire Bar Association Lawyer Referral: Find legal help for renters
• Find Your Local District Court: File forms and get assistance

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1. New Hampshire RSA 540-A:3 - Entry by Landlord
2. New Hampshire RSA 540-A:4 - Penalties and Remedies

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