When Landlords Can Raise Rent in New Hampshire: Pass-Through Costs Explained

Understanding how and when your landlord can raise your rent in New Hampshire is crucial for every renter. One common concern is whether landlords can pass certain costs—such as property tax increases or major repairs—onto tenants. This article covers how rent increases due to pass-through costs work in New Hampshire, your legal protections, and what steps you can take if your rent is going up.

Rent Increase Laws in New Hampshire

New Hampshire does not have state-wide rent control or rent stabilization laws. This means landlords generally have broad freedom to set and increase rent unless restricted by the lease agreement or local ordinances. Unlike some states, there are no legal caps on how much a landlord can raise the rent or specific rules about passing on certain costs to tenants.

What Are Pass-Through Costs?

Pass-through costs refer to expenses that landlords sometimes pass directly to tenants—such as rising property taxes, utility increases, or the costs of building repairs. In states with rent control, rules often limit this practice. In New Hampshire, the lack of statewide rent control means pass-through costs can lead to rent increases, provided landlords give proper notice and aren't violating the lease.

• Common examples: property tax increases, sewer or water charges, new municipal fees, or building-wide upgrades.
• Check your lease: Some leases specifically address whether or how pass-through costs can be assessed.

Notice Requirements for Rent Increases

In New Hampshire, landlords must give written notice before increasing rent. The required notice depends on your tenancy type:

• Month-to-month tenants: At least 30 days’ written notice before the effective date of the increase.
• Fixed-term leases: Increases can only occur after the current lease ends, unless your lease specifically allows increases during the term.

The written notice should clearly state the new rent amount and when the change will take effect. If you believe a rent increase is unfair or not properly explained, you have the right to ask your landlord for a detailed breakdown of added costs.

Relevant Forms for New Hampshire Renters

• Landlord’s Notice to Quit (Eviction Notice)
  • Form Use: While not specifically about rent increases, this notice is sometimes used if a tenant does not agree to a new rent amount and remains in the property.
  • Example: If you refuse to pay the increased rent after your lease ends and proper notice was given, the landlord may serve you this form as the first step in eviction proceedings.
  • Official Notice to Quit Form (NH Judicial Branch)

Where to Get Help with Rent Increases

If you have questions or need assistance regarding rent increases or pass-through costs, you can contact the New Hampshire Judicial Branch, which handles landlord-tenant matters. Learn more at the Landlord and Tenant Division of the NH Circuit Court.

New Hampshire Tenancy Laws and Protections

Your rights as a New Hampshire renter are mainly provided by NH Revised Statutes Annotated, Chapter 540 – Actions Against Tenants.^[1] While this legislation does not set limits on rent increases or pass-through costs, it does require fair notice and sets rules for eviction and dispute resolution. Always review your lease for additional rights or procedures regarding rent changes or pass-through charges.

Steps for Renters Facing a Rent Increase

If you have received a notice of rent increase due to pass-through costs, here are some practical actions you can take:

• Review your current lease to check for rent or cost increase terms.
• Request clarification from your landlord about any costs passed onto you.
• Negotiate payments or a phased-in increase, especially if the jump is significant.
• If you believe the increase is retaliatory or discriminatory, you may file a complaint with the NH Human Rights Commission.

You have the right to contest an improper rent increase through the court system. For more information about your options, consult the New Hampshire Landlord and Tenant Court.

Frequently Asked Questions

1. Are there any rent control laws in New Hampshire?
   No, New Hampshire has no statewide rent control or rent stabilization laws. Landlords can set and raise rent freely, with proper notice and unless otherwise limited by your lease.
2. Can my landlord pass property tax increases onto me?
   Yes, unless your lease prohibits it, your landlord can raise your rent to cover increased costs such as property taxes. They must provide written notice before the increase takes effect.
3. How much notice does a landlord have to give before raising rent?
   For month-to-month tenancies, landlords must give at least 30 days’ written notice. For fixed-term leases, increases are only allowed at the end or as specified in your lease.
4. What should I do if I think a rent increase is unfair?
   Ask your landlord for a detailed written explanation of the increase. If concerns persist, consider consulting the court or legal aid to discuss your options.
5. Where can I file a formal complaint about a rent increase?
   You may file complaints about discrimination or retaliation through the NH Human Rights Commission. Disputes about lease terms can be brought before the NH Landlord and Tenant Court.

Key Takeaways

• New Hampshire does not have rent control; landlords may raise rent, including for pass-through costs, with proper notice.
• Always review your lease and understand written notice requirements for any rent change.
• Seek help if you think a rent increase is improper or need clarification on pass-through costs.

Need Help? Resources for Renters

• New Hampshire Circuit Court, Landlord-Tenant Division – Handles residential tenancy issues throughout the state.
• NH Human Rights Commission – For claims about housing discrimination or retaliation.
• New Hampshire Housing – Resources for renters, including legal aid contacts and emergency help.

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1. NH RSA Chapter 540 – Actions Against Tenants
2. New Hampshire Circuit Court, Landlord-Tenant Division
3. NH Judicial Branch – Notice to Quit Form

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