NH Landlord/Tenant Law

Landlord/Tenant law in New Hampshire is fraught with pitfalls. It is not uncommon, especially for landlords, to come to our office after having learned that the process for eviction can be very tricky, and the penalties severe for landlords who fail to follow the law exactly. In New Hampshire the primary statues that govern the landlord tenant relationship include RSA 540 and 540-A, titled “Protection of Tenants”. The statute can be viewed here: www.courts.state.nh.us/district/landlord.htm

Questions to ask yourself if you are landlord

1. Do I have a proper and valid lease?
2. Do I complete proper background checks on prospective tenants?
3. Have I provided all government mandated lead paint disclosures to my tenant?
4. What can I do if my tenant fails to pay rent on time?
5. How do I handle repairs in my tenant’s property?
6. How can I access the property for emergencies?
7. How do I handle my tenant’s security deposit?
8. How do I legally evict my tenant?

Things to think about if you are a tenant

1. How do I get out of my lease and move?
2. What can I do if my landlord enters my apartment without my permission?
3. How do I get my security deposit back?
4. What if my landlord locks me out?
5. How do I get my landlord to fix things?

For landlords, the most common error is the failure to use a proper eviction notice and demand for rent.

A proper eviction notice and demand for rent can be downloaded from our library.

Be careful, generic eviction notices purchased online or at popular office supply stores typically DO NOT comply with New Hampshire law. If the wrong forms are used, a landlord may learn, months into a case that the petition is dismissed and has to be started all over from the beginning.

This is not a comprehensive guide to landlord/tenant law, call or email us to schedule an appointment.