Landlord Won't Make Repairs in New Hampshire: What Can I Do?
This page covers repair problems in a New Hampshire rental. It explains the housing standards, the repair defense in an eviction case for unpaid rent, protection from retaliation, and housing inspections.
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A New Hampshire city or town may have its own housing code under RSA 48-A. If it has none, a landlord may not keep a rented home in some conditions. Examples are exposed wires, and a roof or walls that leak consistently.
✓ Sources checked October 2, 2026
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A New Hampshire court will not let an eviction case for unpaid rent go forward in some cases. This is when the home is in substantial violation of the health and safety fitness standards in RSA 48-A or in local codes. The violation must materially affect how fit the home is to live in. The home must be rented to live in, not for vacation or recreation. The tenant must meet 4 conditions.
✓ Sources checked October 2, 2026
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In New Hampshire, a tenant who uses the repair defense to an eviction for unpaid rent must meet a notice rule. The tenant must prove by clear and convincing evidence that the tenant gave notice of the violation. The tenant must have given it while not in arrears (behind on rent). The notice goes to the person the tenant customarily pays rent to. The landlord then has 14 days from receiving the written notice to correct the violations. In an emergency, the landlord must correct them as promptly as conditions require. Keep a copy of your written notice and write down the date you gave it.
✓ Sources checked October 2, 2026
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The New Hampshire repair defense to an eviction for unpaid rent does not apply in 2 cases. One is when the violations were caused by the tenant, a family member, or another person there with the tenant's consent. The other is when extreme weather prevented necessary repairs, or the tenant did not allow the landlord reasonable access to the home.
✓ Sources checked October 2, 2026
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To use the New Hampshire repair defense to an eviction for unpaid rent, you must give notice while not in arrears (behind on rent). Holding back rent over repairs is risky. If a court later disagrees, you can owe the rent and face eviction. Get legal help first.
✓ Sources checked October 2, 2026
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In a New Hampshire eviction case, a tenant may raise the repair defense. The court may then put the case off for a reasonable time of up to one month. The time lets the landlord fix the violation. When it does this, the court requires the tenant to pay into court any rent held back. The tenant must pay rent that comes due after into court as it comes due.
✓ Sources checked October 2, 2026
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In a New Hampshire eviction case with a repair defense, suppose the landlord fixes the violation within the extra time the court gave. The court then dismisses the eviction case. It either gives the held-back rent to the landlord, or splits the rent paid into court. The landlord gets the fair rental value of the home while it was in the substantially defective condition. The tenant gets the rest, as money for breach of the warranty of habitability (the duty to keep the home fit to live in). You get this money only if you win your case and your landlord pays.
✓ Sources checked October 2, 2026
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In a New Hampshire eviction case with a repair defense, suppose the violation is not fixed within the extra time the court gave. The court then enters judgment (a final court decision) for the tenant. The court also refunds to the tenant all the money the tenant paid into court.
✓ Sources checked October 2, 2026
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In New Hampshire, retaliation (punishing a tenant for a protected act) is a defense to an eviction case on residential property. Reporting a violation to the landlord or an inspection agency is one protected act, among others. The tenant must report the violation, or report in good faith what the tenant reasonably believes to be a violation. The defense does not apply if the tenant owes the landlord the equivalent of one week's rent or more.
✓ Sources checked October 2, 2026
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In New Hampshire, a court presumes (assumes unless shown otherwise) retaliation (punishing the tenant) in some cases. This is when the landlord starts an eviction case, raises the rent, or makes a substantial change to the rental terms. It must happen within 6 months. The 6 months run from when the landlord got notice of an alleged violation, or finished repairs. The court does not presume retaliation if the tenant's report was primarily intended to prevent any eviction.
✓ Sources checked October 2, 2026
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When a tenant successfully raises the retaliation defense in a New Hampshire eviction case, the court may award the tenant money. The most it may award is 3 months' rent. For example, with $1,000 rent, the most is $3,000. You get this money only if you win your case and your landlord pays.
✓ Sources checked October 2, 2026
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A New Hampshire city or town may adopt a housing code (a local rule about homes unfit to live in). The code sets up a public agency (a board, department, officer, or employee). After notice and a hearing, the agency may find a home unfit for human habitation (not fit to live in). It may order the owner to repair it, or to vacate (empty) and close it. That order applies if repair costs are reasonable for the home's value and the owner's means. If not, the order may require tearing the home down. For very bad conditions, an inspector can condemn the home and make everyone leave. Think about this before you ask for an inspection.
✓ Sources checked October 2, 2026
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In New Hampshire, a landlord may not willfully fail to investigate (look into) a tenant's report. The report may be of insects, bed bugs included, or rodents in the home. The deadline is 7 days from receiving notice. The notice can come from the tenant or a municipal health or housing code authority. The landlord may not fail to take reasonable measures to remediate (fix) an infestation (a pest problem).
✓ Sources checked October 2, 2026
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