Tenant Rights for Short-Term Vacation Rentals in New Hampshire

If you're renting a short-term vacation home or apartment in New Hampshire, it's important to understand what legal protections apply. Whether you're on vacation, staying for work, or between homes, the rights of tenants and landlords can be quite different from traditional year-long leases. This guide explains your protections, important forms, and steps you can take if issues arise.

What is a Short-Term Vacation Rental?

In New Hampshire, short-term rentals usually refer to the rented use of a residential property for less than 30 consecutive days. These often include vacation homes, Airbnb, and similar platforms. Such rentals generally fall outside traditional landlord-tenant protections but do have certain legal guidelines and limits.

Does New Hampshire Landlord-Tenant Law Apply to Short-Term Rentals?

Many traditional tenant protections under the New Hampshire RSA Chapter 540: Possession of Leased Premises do not apply to vacation or short-term rentals lasting under 30 days. Generally, these arrangements are viewed as licenses, not tenancies, and often there is no formal lease required.

• Short-term vacation renters are usually not considered "tenants" under state law for stays under 30 days.
• Eviction protections, notice periods, and challenge rights largely apply only to stays that meet the legal definition of a tenancy (typically 30 days or longer).
• However, renters still have the right to a safe and habitable property and are protected from unlawful discrimination under federal and state law.

Key Rights and Protections for Short-Term Vacation Renters

• Habitable living space: Even in short-term rentals, property owners must provide a safe, sanitary, and secure environment, including basic utilities and smoke detectors, as required by local housing codes.
• Discrimination: Owners cannot refuse to rent or treat renters unfairly based on race, color, sex, religion, disability, national origin, or familial status, according to the New Hampshire Human Rights Commission and the federal Fair Housing Act.
• Return of deposits: If you paid a deposit, you may request an itemized list deductions, if any. The rules are less defined compared to long-term rentals but you should request this from the owner or manager.
• Privacy: While landlords may enter for cleaning or emergencies, excessive entry or non-emergency intrusions could be challenged as an invasion of privacy.

If you face unsafe conditions or discrimination, you can take action with local authorities or state agencies.

Filing a Complaint or Asking for Repairs

Short-term vacation renters who encounter health, safety, or discrimination issues can seek help through local code enforcement, the New Hampshire Department of Justice Civil Rights Unit, or the NH Human Rights Commission.

• If your rental is unsafe or violates building codes, contact your local city or town code enforcement office.
• For discrimination, file with the NH Human Rights Commission using the official Intake Questionnaire.

There are no official landlord-tenant forms specific to short-term vacation renters, but if your rental lasts over 30 days, the standard tenant protections apply, including eviction notices and complaints.

Relevant Forms and When to Use Them

• NH Human Rights Commission Intake Questionnaire: Use this if you believe you have experienced unlawful housing discrimination (race, national origin, disability, etc.). You can find the official form here (Housing Discrimination Intake Questionnaire). Fill it out with your details and submit to the Commission, even if you were in a vacation-type agreement.
• NH Department of Justice Civil Rights Violation Report: If you experience harassment or a civil rights violation in your rental, you may file a report using their process. Visit the Civil Rights Violation reporting page for up-to-date guidance.

For disputes about lost deposits, you may need to use Small Claims Court. See the New Hampshire Circuit Court Small Claims resources for instructions.

Tribunal or Government Board Handling Housing Disputes

In New Hampshire, housing and rental disputes (including those involving short-term rentals) may be resolved through the New Hampshire Circuit Court, District Division or NH Human Rights Commission (for discrimination claims).

Summary of Actions for Short-Term Vacation Rentals

• Know if your rental is exempt from traditional tenant protections (most are if under 30 days).
• Always request your deposit be returned and ask for receipts if withheld.
• Report safety code violations to your municipality and discrimination to state agencies.
• Document everything in writing for your records.

Frequently Asked Questions

1. Do New Hampshire tenant laws protect me in a vacation rental?
   Most short-term vacation rentals (less than 30 days) are not covered by New Hampshire's traditional tenant-landlord laws, but you still have important safety and anti-discrimination protections.
2. What can I do if my short-term rental is unsafe or unclean?
   Contact your local code enforcement office to request an inspection, and notify the owner in writing. Take photos and keep a record of communications.
3. Am I entitled to my deposit back after a short-term stay?
   While state law is less clear for short-term rentals, you should request your deposit back and ask for written explanations if the owner withholds any portion.
4. How do I file a housing discrimination complaint in New Hampshire?
   Complete the NH Human Rights Commission’s Housing Discrimination Intake Questionnaire and submit it to the Commission according to the instructions provided.
5. Can I go to court over a lost deposit or damages?
   Yes, you may use Small Claims Court in New Hampshire for disputes over money or damages, even with short-term vacation rentals.

Need Help? Resources for Renters

• NH Human Rights Commission: Handles housing discrimination complaints and offers guidance.
• NH Department of Justice: Civil Rights Unit: Accepts civil rights violation reports.
• NH Circuit Court, District Division: For disputes over deposits or damages (small claims).
• NH Office of Strategic Initiatives: Housing Resources: General information and local housing agency contacts.
• HUD NH: Tenant Guidance: Federal tenant resources and fair housing rights.

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1. New Hampshire RSA Chapter 540: Possession of Leased Premises
2. NH Human Rights Commission: Filing a Complaint
3. NH Department of Justice: Civil Rights Unit
4. NH District Division Small Claims Court
5. HUD: New Hampshire Tenant Guidance

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