Who Pays Utilities in New Hampshire Rentals? Law & Rights

Utilities can be a major concern for renters in New Hampshire, especially when it comes to who pays for them and what the law says if there’s a disagreement. If you’re unsure about your responsibilities or your landlord’s obligations regarding utilities, New Hampshire law provides guidance to help you understand your legal rights and avoid misunderstandings.

Utility Payment Responsibilities in New Hampshire Rentals

In New Hampshire, who pays for utilities—like electricity, heat, water, sewer, and trash pickup—depends mainly on what’s stated in your rental agreement. The state’s landlord-tenant laws do not automatically assign these costs to either party, so the written lease or verbal agreement controls the arrangement.^[1]

• Lease Agreement Controls: Your rental lease should clearly state whether the landlord or tenant is responsible for each utility.
• If Not Specified: If your lease does not mention utilities, state law typically assumes the landlord provides essential services, but it’s best to clarify in writing.
• Rooming Houses & Multi-Units: Sometimes utilities may be included in the rent, particularly for apartments or rooms in larger buildings.
• Metered Utilities: For utilities with separate meters (like electricity), tenants usually pay only for their own use.

New Hampshire Laws on Essential Services

Landlords must ensure that essential services—including heat, running water, hot water, and electricity—are in good working order unless your lease clearly states you’re responsible for payment. This is established under the New Hampshire Residential Landlord and Tenant Act (RSA 540-A).^[1]

• For heat, landlords must supply adequate heating to at least 65°F from September 15 to May 31, unless your agreement says you provide it yourself.
• Landlords may not shut off utility services even if you’re behind on rent; this is considered an unlawful act (sometimes called a "constructive eviction").^[1]
• If a landlord fails to provide essential services, tenants have options to report or remedy the issue (see steps below).

Official Forms and How to Use Them

• Notice of Landlord’s Failure to Provide Essential Services (no official form number):
  If your landlord fails to supply heat, water, or electricity as required, you should provide written notice to your landlord describing the problem and requesting prompt action. You may use your own written notice.
  Example: If your heat fails in winter and your landlord does not make repairs after being notified verbally, send a written notice (you can find tips and sample notices at the NH Department of Health and Human Services).
• Petition for Relief (RSA 540-A:4):
  If your written notice does not result in action and essential services are not restored, you can file a petition for relief with your local District Court. The process and contact details are available through the New Hampshire Circuit Court - District Division.^[2]
  Example: If your landlord disconnects heat or water and does not fix it quickly, you can file this petition asking the court to order restoration and possibly seek damages.
  More info on court process.

How to Resolve Utility Disputes

If you’re facing an issue related to utility payment or service, here are practical steps to follow:

1. Check your lease agreement for any utility clauses.
2. Review the state landlord-tenant laws for your rights around utilities.
3. Communicate with your landlord to clarify responsibilities and offer solutions.
4. Send a written notice if your landlord fails to provide essential services.
5. If the issue isn’t resolved, you may file a petition for relief at your local District Court.

Always keep copies of all written communications and documentation, including any proof of utility payments or service disconnections.

Resolving problems quickly and in writing usually helps avoid further legal complications or misunderstandings.

Key Tenant Rights to Know

• Your landlord cannot shut off utilities, even if you owe rent.
• If your lease is silent, essential utilities are presumed to be the landlord’s responsibility.
• You can seek timely judicial relief if utilities are cut off or not repaired after notice.

FAQ: Utilities and Landlord-Tenant Law in New Hampshire

1. Who pays for utilities if it’s not mentioned in my lease?
   Usually, the landlord must provide and pay for essential utilities unless the lease clearly says otherwise. Check your rental agreement for clarification.
2. Can my landlord shut off my heat or water to force me to move?
   No. State law prohibits landlords from interrupting essential utility services as a method to make a tenant leave, even if you’re behind on rent.
3. I pay for utilities, but the landlord controls the settings. What can I do?
   If you’re paying for a utility but can’t control its use, discuss the issue with your landlord and document your communication. If unresolved, you may request help from the court.
4. How can I report unsafe living conditions due to lack of utilities?
   Contact your local code enforcement office or health department, and provide written notice to your landlord of the unsafe conditions.
5. Where do I file a complaint about a landlord failing to provide utilities?
   File a petition for relief with your District Court. Find your local court at the New Hampshire Circuit Court - District Division.

Key Takeaways for Renters

• Your lease agreement determines who pays for utilities—but the law protects your right to essential services regardless.
• If you lose utilities in your rental, notify your landlord in writing and know you can seek quick relief from the court if needed.
• Landlords cannot legally disconnect your utilities, even for unpaid rent.

Need Help? Resources for Renters

• New Hampshire Circuit Court – District Division (Tenancy disputes and filings)
• New Hampshire Residential Landlord and Tenant Act (RSA 540-A)
• NH Department of Health & Human Services: Rental Assistance
• New Hampshire Legal Aid – Housing Issues

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1. See New Hampshire Residential Landlord and Tenant Act (RSA 540-A)
2. New Hampshire Circuit Court - District Division handles residential landlord-tenant disputes

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