✓ Law Verified June 2026
This guide explains your rights when your New Hampshire landlord will not make repairs — what they must provide, how much notice to give, and your options including repair-and-deduct and rent withholding. All figures are from New Hampshire law, verified as of June 2026.
In This New Hampshire Guide:
New Hampshire Repair & Habitability Rules at a Glance
| Warranty of habitability | YES — New Hampshire recognizes an implied warranty of habitability. Under RSA 540-A:2 and RSA 48-A:14, landlords must maintain rental premises in compliance with all applicable building, housing, and health codes and keep the property fit for human habitation throughout the tenancy. This warranty applies whether or not the lease mentions it and cannot be waived by the lease. |
| Notice to landlord required | 14 — Under RSA 540:13-d and RSA 540-A:4, a New Hampshire tenant must give the landlord 14 days written notice to make repairs before pursuing further remedies. In an emergency affecting health or safety, repairs must be made as promptly as conditions require. |
| Repair-and-deduct allowed | NO — New Hampshire does not have a specific statute authorizing tenants to make repairs and deduct the cost from rent. A tenant’s primary remedies are to file a petition under RSA 540-A:4 asking the court to order repairs and award damages, or to terminate the tenancy if the landlord fails to make repairs within the required time period. |
| Rent withholding allowed | YES — A New Hampshire tenant may withhold rent when the landlord has breached the implied warranty of habitability, but the tenant must follow specific legal steps. Under RSA 540:13-d, the tenant must first provide written notice to the landlord while not in arrears on rent, then allow 14 days for the landlord to correct the violation (or as promptly as conditions require in an emergency). The violation must materially affect habitability and must not have been caused by the tenant. If the landlord fails to repair, the tenant may withhold rent. If the landlord then files an eviction for nonpayment, the tenant can raise the habitability defense in court. The court may order the tenant to pay withheld rent into court escrow while the case is pending. |
| Rent escrow option | YES — Under RSA 540:13-d, when rent withholding is disputed, a New Hampshire court may order the tenant to pay rent into court escrow while the case is pending. The escrowed rent is held by the court until a final decision is rendered, at which point it is apportioned between landlord and tenant based on the court’s finding of fair rental value during the period the property was in a substantially defective condition. |
What Your New Hampshire Landlord Must Provide
Under RSA 48-A:14, a New Hampshire landlord must provide: internal plumbing and sewerage systems that function without sewage backup; safe electrical wiring with no exposed wires, improper connectors, defective switches or outlets, or conditions creating a danger of shock or fire; heating facilities capable of safely heating all habitable rooms and restrooms to at least 65 degrees Fahrenheit when outdoor temperatures are above 20 degrees Fahrenheit; roofs and walls that do not leak; plaster and surfaces that are not falling from walls or ceilings; floors, walls, and ceilings with no large holes; structurally sound porches, stairs, and railings; freedom from infestation by insects, mice, or rats; and hot and cold running water.
Landlords also may not willfully interrupt or terminate any utility service including water, heat, light, electricity, gas, telephone, sewerage, or refrigeration (RSA 540-A:3).
Your Options When Repairs Are Not Made
Repair and deduct: NO — New Hampshire does not have a specific statute authorizing tenants to make repairs and deduct the cost from rent. A tenant’s primary remedies are to file a petition under RSA 540-A:4 asking the court to order repairs and award damages, or to terminate the tenancy if the landlord fails to make repairs within the required time period.
Withhold rent: YES — A New Hampshire tenant may withhold rent when the landlord has breached the implied warranty of habitability, but the tenant must follow specific legal steps. Under RSA 540:13-d, the tenant must first provide written notice to the landlord while not in arrears on rent, then allow 14 days for the landlord to correct the violation (or as promptly as conditions require in an emergency).
The violation must materially affect habitability and must not have been caused by the tenant. If the landlord fails to repair, the tenant may withhold rent. If the landlord then files an eviction for nonpayment, the tenant can raise the habitability defense in court. The court may order the tenant to pay withheld rent into court escrow while the case is pending.
Report to code enforcement: In New Hampshire, tenants may report uninhabitable conditions to their local Code Enforcement Officer, Health Officer, or Building Inspector. Contact your city or town clerk to be directed to the proper official. You should send a dated, signed letter to your landlord describing the problems, keep a copy, and also send a copy to Code Enforcement.
The Code Enforcement Officer will inspect the property for compliance with the housing code and, if violations are found, will give written notice to the landlord and require repairs within a specific time period.
Constructive eviction: YES — New Hampshire recognizes constructive eviction. If a landlord’s actions or failure to maintain the property make the rental unit uninhabitable — such as cutting off heat, electricity, or water, or failing to make critical repairs — the tenant may be considered constructively evicted and may have grounds to terminate the lease. Deliberately interrupting essential utility services is specifically prohibited under RSA 540-A:3.
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Retaliation protection: YES — Under RSA 540-A:3, a New Hampshire landlord may not evict, raise rent, or substantially change the terms of the tenancy in retaliation against a tenant who has reported housing code violations to the landlord or government authorities, exercised legal rights, or participated in tenant organizations.
If any of these retaliatory actions occur within 6 months of the tenant’s protected activity, the law presumes the landlord acted in retaliation.
No eviction action may be maintained against a tenant who proves retaliation within 6 months of filing a petition under RSA 540-A, except for legitimate nonpayment of rent or violation of a substantial lease obligation.
Other New Hampshire repair rules: New Hampshire has several notable rules: (1) RSA 48-A:14 sets specific minimum standards of fitness for residential rental property, including detailed requirements for plumbing, electrical, heating, structural integrity, and pest control. (2) Heating is particularly regulated — landlords must provide heating facilities capable of maintaining at least 65 degrees Fahrenheit in all habitable rooms when outdoor temperatures are above 20 degrees Fahrenheit.
(3) Under RSA 540-A:4, a court may award damages, costs, and reasonable attorney fees to a tenant who proves a landlord violated habitability obligations.
(4) Tenants should file repair petitions in the Circuit Court – District Division that has jurisdiction over the city or town where the rental property is located, using form NHJB-3191-DP. (5) 603 Legal Aid (1-800-639-5290) provides free legal information and representation for low-income New Hampshire tenants facing habitability issues.
Understanding New Hampshire Landlord Repair Obligations
When New Hampshire landlord repairs are not made, you have options — but you must follow the right steps to protect yourself legally. New Hampshire landlord repairs law requires written notice to the landlord, a reasonable time to fix the problem, and documentation of the condition. Skipping any step can weaken your position if the dispute over New Hampshire landlord repairs ends up in court.
Always put your repair request in writing, keep a copy, and take dated photos — this paper trail is your strongest evidence that New Hampshire landlord repairs were demanded and ignored.
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Official New Hampshire Sources & Resources
- New Hampshire Attorney General: https://www.doj.nh.gov/citizens/consumer-protection-antitrust-bureau
- New Hampshire Habitability Statute: https://gc.nh.gov/rsa/html/lv/540-a/540-a-mrg.htm
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This New Hampshire repairs guide was last verified against official sources in June 2026. Laws change — verify with your state or a local legal-aid office.
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.