What To Do If You're Locked Out as a Renter in New Hampshire
Getting locked out of your rental can feel stressful, but if you live in New Hampshire, there are laws to protect you. Understanding your rights under New Hampshire law ensures you can act quickly and safely if you find yourself locked out—whether it’s accidental or a landlord action.
Your Rights as a Renter in a Lockout Situation
In New Hampshire, landlords are generally prohibited from removing or excluding tenants from a rental property without using the proper legal process. This law helps prevent unnecessary hardship and ensures renters have fair notice and an opportunity to address any issues. If you’re locked out, it’s important to know what is—and isn’t—allowed under New Hampshire law.
- Landlords cannot change locks, shut off utilities, or otherwise exclude you without a court order.
- Self-help evictions (when a landlord locks you out without a legal eviction process) are illegal.
- If you are accidentally locked out (for example, you lost your keys), you may be responsible for the cost of a locksmith unless the lockout was caused by the landlord’s negligence.
All landlord-tenant matters, including lockouts, are overseen by the New Hampshire Circuit Court - District Division, which handles eviction and housing disputes statewide.[1]
What To Do If You're Locked Out
If you arrive home to find yourself locked out, take these steps:
- Check if the lockout is accidental (lost keys, broken lock) or if the landlord has changed the locks.
- Contact your landlord or property manager right away. Document your communications by text or email if possible.
- If there’s an emergency (for example, if you’re locked out with young children or need medication inside), call local law enforcement for immediate help.
- If you suspect your landlord locked you out intentionally (without a court order), let them know this is not permitted under New Hampshire RSA 540:13-d – Prohibited Practices.[2]
- Document everything: Take photos, note dates/times, and keep records of all calls and messages.
- If the lockout continues, you can file a claim with the District Division of the New Hampshire Circuit Court for an emergency order allowing you back in.
Required Forms and Where to Find Them
- Complaint for Possession (NHJB-2190-DP): Used when requesting the court to restore your access if you are wrongfully locked out. Submit this to the District Division of the New Hampshire Circuit Court.
Download the Complaint for Possession (NHJB-2190-DP) form.
Renter example: If your landlord has changed the locks and refuses to let you in, fill out this form and file it at your local court to request immediate access.
The court will often expedite these cases due to the urgent nature of a lockout.
Emergency Protections
New Hampshire protects renters with emergency orders in wrongful lockout situations. If the court finds you were excluded illegally, they can order the landlord to let you back in. Violating RSA 540:13-d can also make landlords liable for damages, including your actual losses and court costs.
What New Hampshire Law Says About Lockouts
RSA 540:13-d makes lockouts and utility shut-offs illegal unless done through a lawful eviction. Tenants have the right to seek a court order for re-entry and may be awarded damages.
- You cannot be removed, locked out, or utilities shut off without a written court eviction order.
- If this happens, contact the District Division of the New Hampshire Circuit Court.
FAQ
- Can my landlord legally lock me out without a court order?
No. New Hampshire law prohibits landlords from locking out tenants without first obtaining a court eviction order. - What should I do if I’m locked out by my landlord?
Contact your landlord first, document the situation, and if not resolved immediately, contact the District Division of the Circuit Court to file a complaint. - Is my landlord allowed to shut off utilities if I’m behind on rent?
No. Utility shut-offs as retaliation or means of eviction are not allowed under New Hampshire RSA 540:13-d. - Where do I file a complaint if I’ve been locked out?
File at your local District Division court by submitting the Complaint for Possession (NHJB-2190-DP) form. - What damages can I recover if I was locked out illegally?
Damages may include actual losses, costs of temporary housing, and court costs. The court determines any penalties based on your case.
Key Takeaways for New Hampshire Renters
- Lockouts without a court eviction order are illegal in New Hampshire.
- Use the Complaint for Possession form to restore access if you’re illegally locked out.
- The District Division of the New Hampshire Circuit Court oversees tenant lockout cases and can issue emergency orders for re-entry.
If you act promptly and carefully document your situation, you can protect your rights and regain access with official legal support.
Need Help? Resources for Renters
- New Hampshire Housing Finance Authority – Renters Resources: Guides for rights, lockouts, and support.
- District Division of the New Hampshire Circuit Court: Handles landlord-tenant complaints, eviction, and lockouts.
- RSA 540: Landlord and Tenant Statute: Official housing laws for tenants and landlords.
- New Hampshire Legal Aid – Lockouts Guide
- NHHFA Tenant hotline: 2-1-1 (for urgent assistance and resources)
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