Best Landlord & Tenant Lawyers in New Hampshire

About Landlord & Tenant Law in New Hampshire, United States

Landlord and tenant law in New Hampshire covers the rights and responsibilities of landlords and tenants when renting or leasing residential property. These laws are designed to protect both parties, outlining processes for security deposits, lease agreements, rent payments, repairs, and the steps required for eviction. New Hampshire has its own specific statutes and cases that guide how disputes are resolved and ensures habitability and fair treatment throughout the renting relationship.

Why You May Need a Lawyer

Legal issues can arise quickly in landlord and tenant relationships. Common situations where legal help may be necessary include:

• Receiving or serving an eviction notice and wanting to challenge or enforce it
• Disputes about security deposit returns after moving out
• Problems with repairs, maintenance, or uninhabitable living conditions
• Allegations of lease violations or unlawful lease terms
• Disagreements regarding rent increases or payment issues
• Claims of discrimination or retaliation
• Questions about entering or terminating a lease
• Drafting, reviewing, or negotiating lease agreements

A lawyer can provide guidance, represent you in court, and help protect your rights whether you are a landlord or tenant.

Local Laws Overview

New Hampshire's landlord and tenant laws are primarily found in Chapter 540 and 540-A of the New Hampshire Revised Statutes. Key areas to be aware of include:

• Security Deposits: Landlords can collect up to one month's rent or $100, whichever is greater. Security deposits must be returned within 30 days of lease termination, with an itemized list of any deductions.
• Eviction Process: Landlords must provide proper notice, typically seven days for nonpayment of rent or thirty days for other reasons. Court proceedings are required if the tenant does not voluntarily vacate.
• Lease Agreements: Leases can be written or oral, but written leases are recommended. Both parties are legally bound by the terms unless those terms conflict with New Hampshire law.
• Repairs and Habitability: Landlords must maintain the property in a safe and habitable condition. Tenants may have remedies if landlords fail to make necessary repairs.
• Rent Increases: No state-wide rent control, but increases must follow lease terms and not be discriminatory or retaliatory. Written notice is required if specified in the lease.
• Entry and Privacy: Landlords must provide reasonable notice, usually 24 hours, before entering a dwelling except in emergencies.

Frequently Asked Questions

What is the maximum security deposit a landlord can charge in New Hampshire?

A landlord can charge a security deposit up to one month's rent or $100, whichever is greater.

How soon must a landlord return a security deposit after a tenant moves out?

The security deposit must be returned within 30 days after the lease ends, along with an itemized list of any deductions.

Can a landlord evict a tenant without a court order?

No, a landlord must obtain a court order through the official eviction process before removing a tenant.

What notice does a landlord have to give for eviction due to nonpayment of rent?

A landlord must provide a seven-day written notice before starting the eviction process for nonpayment of rent.

Are there any rent control laws in New Hampshire?

No, New Hampshire does not have rent control, but landlords must comply with lease terms and cannot increase rent in a retaliatory or discriminatory way.

What should tenants do if their landlord refuses to make repairs?

Tenants should make a written request for repairs. If the landlord still fails to act, tenants may contact local health or building officials or pursue legal remedies for habitability violations.

Is a written lease required by law?

A written lease is not required for most residential rentals, but having one is highly recommended to protect both landlord and tenant rights.

Can landlords enter the property at any time?

Landlords must give reasonable notice, usually 24 hours, before entering unless there is an emergency.

Can a landlord raise rent during a lease term?

Generally, rent cannot be increased during a fixed-term lease unless the lease itself allows for it. For month-to-month agreements, proper notice as outlined in the lease or by law is required.

Are tenants protected from retaliation by landlords?

Yes, New Hampshire law prohibits landlords from retaliating against tenants for exercising legal rights, such as reporting health or safety violations.

Additional Resources

Several organizations provide information, advocacy, and assistance regarding landlord and tenant issues in New Hampshire:

• New Hampshire Judicial Branch - Information about the eviction process and small claims court
• New Hampshire Legal Assistance - Free or low-cost legal services for tenants and landlords who qualify
• New Hampshire Department of Health and Human Services - For health and habitability complaints
• Local municipal housing offices for specific city or town regulations

Next Steps

If you need legal assistance, consider the following steps:

• Review your lease and gather all relevant documents, such as notices, communications, and receipts
• Contact a qualified attorney experienced in landlord and tenant law in New Hampshire
• Consult one of the organizations listed above for guidance or possible legal representation if you cannot afford a private attorney
• File a complaint with the appropriate government office if you believe your rights are being violated
• Keep records of all interactions and any action you take regarding your rental situation

Taking early action and understanding your rights are key to resolving landlord and tenant disputes effectively in New Hampshire.