Tenant Rights During Building Repairs in New Hampshire

If you’re renting a home or apartment in New Hampshire and your building needs repairs, it’s important to know your rights and your landlord’s responsibilities. State laws are in place to protect renters when repairs or renovations affect your living conditions. Understanding these protections can help you ensure a safe, habitable home and guide you in getting timely repairs completed.

What Landlords Must Do During Repairs

New Hampshire law requires all landlords to keep rental units in a safe, sanitary, and livable condition. This includes making repairs to maintain basic services like heat, hot water, electricity, adequate weatherproofing, and functional plumbing. If repairs are needed, landlords must:

• Fix health and safety hazards within a “reasonable time” after being notified
• Provide advance notice (usually at least 24 hours) before entering your unit to perform non-emergency repairs
• Minimize disruptions and maintain basic services during longer repair work whenever possible

The main state law governing these issues is the New Hampshire Residential Landlord and Tenant Act (RSA 540-A)^[1].

Your Rights as a Renter During Repairs

While your landlord is responsible for necessary repairs, you have protections as a tenant:

• Right to Habitable Housing: Your home must always meet basic health and safety standards. Unresolved repairs that threaten your well-being (like a broken furnace in winter) may give you the right to seek help or withhold rent.
• Advance Notice: Except in emergencies, landlords must give you at least 24 hours’ notice before entering to make repairs.
• Quiet Enjoyment: Repairs should not unreasonably interfere with your ability to use and enjoy your home.

Common Repair Scenarios and What to Do

• Routine Maintenance: For non-urgent issues, notify your landlord in writing. Landlords have a reasonable amount of time to respond.
• Emergency Repairs: If repairs are needed immediately (like leaking pipes or no heat), notify your landlord right away. If action is not taken fast, you may contact your local health or code enforcement office.
• Major Renovations: If large-scale repairs require you to leave temporarily, your landlord should make reasonable accommodations or adjust your rent for the lost use of the space.

Official Forms and Filing a Complaint

If your landlord does not take action after you request repairs, New Hampshire provides a process to help renters enforce their rights. While the state does not require a specific form for repair requests, these steps are recommended:

• Written Notice: Always submit your repair request in writing and keep a copy for your records.
• Town or City Code Enforcement Complaint: If repairs are not made, you can file a complaint with your local municipality’s health or code enforcement office.
• Petition to the Court: In serious cases, tenants may file a legal action in the Circuit Court – District Division Housing Court.

Example: If your landlord fails to fix a broken heater in January, send a written request. If not resolved, you can submit a complaint with your city’s code enforcement office or pursue a legal action through the housing court. Find your local court using the NH Circuit Court Directory.

Relevant Tribunal and Legislation

• Official Tribunal: New Hampshire Judicial Branch (NH Circuit Court – District Division Housing Court)
• Key Law: RSA 540-A: Residential Landlord and Tenant Act

Steps to Take if Repairs Are Not Made

• Notify your landlord in writing about the repair needed.
• If the landlord does not respond within a reasonable time, file a complaint with your local code enforcement office.
• If the unsafe condition continues, consider legal action in the NH Circuit Court. Bring your written notices, photos, and copies of all communications as evidence.

Taking these steps protects your health and encourages quick, appropriate landlord action.

Frequently Asked Questions

1. Can my landlord enter my apartment to make repairs without notice?
   No, New Hampshire landlords must provide at least 24 hours’ notice for non-emergency repairs unless you agree otherwise. Only in true emergencies, like a burst pipe, can they enter without advance notice.
   
2. What can I do if my landlord ignores my repair requests?
   Write your request and send it to your landlord. If ignored, file a complaint with your local health/city code enforcement office and consider court action if the problem is serious and unaddressed.
   
3. Does my landlord have to lower my rent if repairs make my apartment unusable?
   If a repair or renovation makes part or all of your apartment uninhabitable, you may be entitled to reduced rent or other compensation. Consult the NH housing court or a housing advocate for guidance.
   
4. Who can I contact if my rental is unsafe due to delayed repairs?
   Contact your city or town’s code enforcement department, or call the NH Judicial Branch for information about filing a court petition.
   
5. Are there official forms for repair complaints in New Hampshire?
   There is no standard statewide form, but always submit complaints in writing and keep copies. Some towns/cities have their own complaint forms; check with your local office.
   

Key Takeaways for New Hampshire Renters

• Landlords must keep rental properties safe and promptly address needed repairs
• Renter protections cover notice, safe living, and court action if repairs are not made
• Document all repair requests and responses for your records

Knowing the law and your options makes it easier to secure timely repairs and maintain comfortable, safe housing.

Need Help? Resources for Renters

• NH Circuit Court District Division Locations – filing a housing petition
• NH Department of Justice – Landlord/Tenant Information
• RSA 540-A: Residential Landlord and Tenant Act
• Contact your local city or town hall for code enforcement complaint instructions
• If you need legal help, consider contacting NH Lawyer Referral Service

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1. New Hampshire RSA 540-A: Residential Landlord and Tenant Act
2. NH Circuit Court District Division Housing Court

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