New Hampshire Tenant Rights: Just-Cause Eviction for Most Rentals

By Steve Levine · Updated November 3, 2026

Short answer: New Hampshire tenant rights start with a just-cause rule most renters never hear about: if you rent “restricted property,” which covers most apartments and houses, your landlord can end the tenancy only for one of the reasons listed in RSA 540:2, II. A landlord who cuts your utilities or locks you out faces at least $1,000 in damages under RSA 540-A:4, and deposits are capped at one month’s rent or $100, whichever is greater (RSA 540-A:6).

New Hampshire’s landlord-tenant law is split between RSA Chapter 540 (Actions Against Tenants, which covers eviction) and RSA Chapter 540-A (Prohibited Practices and Security Deposits). Minimum housing standards come from RSA 48-A:14, and fair housing from RSA 354-A.

New Hampshire tenant rights summary table

Rule	New Hampshire	Statute
Just-cause eviction	Required for restricted property	RSA 540:2, II
Eviction notice	30 days; 7 days for nonpayment, substantial damage or safety threats	RSA 540:3, II
Paying to stop a nonpayment case	Rent, charges, $15 and costs before the hearing; 3 times per 12 months	RSA 540:9
Rent increase as good cause	30 days’ written notice	RSA 540:2, IV
Deposit cap	One month’s rent or $100, whichever is greater	RSA 540-A:6, I(a)
Deposit return	30 days, with interest if due	RSA 540-A:7
Retaliation presumption	6 months after a code complaint	RSA 540:13-b
Habitability defense	14 days to fix after written notice	RSA 540:13-d
Small claims limit	$10,000	RSA 503:1

Restricted property and the just-cause rule

RSA 540:1-a sorts residential rentals into two groups. “Nonrestricted” property is narrow: a single-family house whose owner owns no more than 3 single-family houses, a unit in an owner-occupied building of 4 or fewer units, and a single-family house a bank took through foreclosure. Everything else rented for residential purposes is “restricted.”

A landlord of restricted property may end your tenancy only for the reasons in RSA 540:2, II:

Nonpayment of rent after demand.
Substantial damage by you, your household or guests.
Failure to comply with a material lease term.
Behavior that harms other tenants’ or the landlord’s health or safety.
Lead-hazard abatement, or your willful failure to prepare for pest treatment after reasonable written notice.
“Other good cause,” which paragraph V defines broadly to include “any legitimate business or economic reason.”
Expiration of a lease of 12 months or longer, if the landlord gave written non-renewal notice at least 60 days before the end date and files within 6 months of expiration.

If “other good cause” rests on your own conduct, paragraph III requires a prior written warning before the eviction notice. Under paragraph VIII, a no-fault lease-expiration termination may not be treated as an eviction on rental applications or screening reports.

Eviction notices and the court process

RSA 540:3 sets 30 days’ notice for residential evictions, shortened to 7 days for nonpayment, substantial damage, health-and-safety behavior, or when a remaining cotenant is the accused abuser after a domestic violence termination. The notice must state the reason “with specificity,” and a nonpayment notice must tell you about your right to pay and stay.

That right is in RSA 540:9: a case based only on unpaid rent is dismissed if, before the hearing, you pay all rent owed, other lawful lease charges, $15 in liquidated damages, and the landlord’s filing and service costs. You can use this no more than 3 times in 12 months.

If the case is filed, the court’s writ notice under RSA 540:13, II tells you that to contest you must file an appearance by the return day and, since October 8, 2026, an answer stating your defenses or counterclaims within 5 days after the return date. To appeal, you file a notice of intent within 7 days of the decision, appeal to the Supreme Court within 30 days, and pay rent as it comes due. Compare procedures in our tenant protection laws by state overview.

Lockouts, utility shutoffs and landlord entry

RSA 540-A:3 lists acts a landlord may not commit. Paragraph I bans willfully causing the interruption of any utility service, including water, heat, light, electricity, gas, telephone, sewer, elevator or refrigeration, “whether or not the utility service is under the control of the landlord,” except temporarily during repairs or emergencies. Paragraph II bans denying you access to your home “other than through proper judicial process.”

Paragraph IV bars a landlord from willfully entering without your prior consent, except to make emergency repairs. An infestation can count as an emergency if the entry happens within 72 hours of the landlord learning of it. On the other side, you may not willfully prevent necessary repairs or refuse access at a reasonable time after notice that is “adequate under the circumstances.” The statute sets no fixed number of hours.

You can enforce these rules by petition in the district court under RSA 540-A:4, which allows quick temporary orders and makes a violator liable under the Consumer Protection Act’s remedy, RSA 358-A:10: actual damages or $1,000, whichever is greater, doubled or tripled for willful violations, plus costs and attorney’s fees. Each day a violation continues after a temporary order counts separately.

Repairs and the habitability defense

In towns without their own housing code, RSA 48-A:14 sets a statewide floor. A landlord may not keep a rental with untreated insect, rodent or bed bug infestations, defective plumbing or sewage back-ups, electrical shock or fire hazards, consistently leaking roofs or walls, falling plaster, unsound porches or stairs, inadequate water or broken water heating, or gas leaks. RSA 540-A:3, V-a also requires a landlord to investigate an infestation report within 7 days.

No repair-and-deduct, but a powerful defense

Neither Chapter 540 nor 540-A authorizes repair-and-deduct. Instead, RSA 540:13-d blocks a nonpayment eviction if the unit substantially violates RSA 48-A or local code in a way that materially affects habitability, and you prove by clear and convincing evidence that you gave notice while current on rent, the landlord did not fix it within 14 days (or promptly in an emergency), and you did not cause the problem or block access.

The court can continue the case up to one month for repairs, but you must pay withheld and new rent into court. If the problem is fixed, the court can split that money, giving you the difference between full rent and the unit’s reduced value as damages. Our guide to what to do when your landlord won’t make repairs explains how to document notice.

Security deposits in brief

Under RSA 540-A:6, a deposit may not exceed one month’s rent or $100, whichever is greater. The landlord must give you a signed receipt telling you to note needed repairs within 5 days of moving in, and must pay interest on a deposit held a year or longer. The deposit and any interest are due within 30 days after the tenancy ends (RSA 540-A:7).

A landlord who violates the return or interest rules owes twice the deposit plus interest, minus valid charges (RSA 540-A:8). See the New Hampshire security deposit law guide and our deposit interest by state chart.

Rent increases and late fees

New Hampshire has no statewide rent cap, and Chapters 540 and 540-A contain no rent control provision. What the law does control is how an increase interacts with just cause: under RSA 540:2, IV, your refusal to accept a rent increase counts as “other good cause” for eviction only if the landlord gave written notice of the amount and effective date at least 30 days in advance.

A month-to-month tenant of nonrestricted property can be given a 30-day notice for any reason under RSA 540:2, I and 540:3, II. Chapters 540 and 540-A have no late-fee cap or grace period, so the lease controls. See month-to-month lease laws by state for comparisons.

Retaliation and discrimination

RSA 540:13-a makes retaliation a defense to eviction when you reported a code or Chapter 540-A violation in good faith, used the 540:13-d procedure, or met with other tenants, unless you owe a week’s rent or more. Under RSA 540:13-b, an eviction, rent increase or substantial change in terms within 6 months after the landlord got notice of your complaint is presumed retaliatory.

RSA 354-A:10 bars housing discrimination because of age, sex, gender identity, race, religion, color, marital status, familial status, physical or mental disability or national origin, and complaints go to the State Commission for Human Rights. Source of income is not on the list.

Breaking a lease early

Domestic violence, sexual assault or stalking. RSA 540:11-b lets you terminate if you or a household member was a victim within the most recent 150 days, with written verification such as a protective order, a police report, a letter from an advocate, attorney or health care provider, or the circuit court’s self-certification form. You must leave within 30 days of notice, and you owe rent only through the later of the termination date or move-out. RSA 540:2, VII separately bars terminating a restricted tenancy because you are a victim.

Military orders. Chapter 540 has no military termination section; rely on the federal SCRA, 50 U.S.C. 3955.

Anyone else. Chapters 540 and 540-A contain no rule requiring a landlord to re-rent after you leave early, so negotiate a written release.

Worked example: a hot water complaint in Concord

Owen rents a unit in a 12-unit Concord building, which is restricted property, for $1,500 a month. His water heater fails on May 4, 2026; he gives the landlord written notice that day while fully paid up, and reports it to the city’s code office on May 6. On June 1, the landlord sends a notice raising rent to $1,700 effective July 1.

Because the increase came within 6 months of the landlord learning of Owen’s complaint, RSA 540:13-b presumes it is retaliatory. If the landlord also has not fixed the heater by May 18, 14 days after notice, and later sues for unpaid rent, Owen can raise RSA 540:13-d and pay rent into court while the repair is made.

Frequently Asked Questions

Can a New Hampshire landlord evict me just because my lease ended?

For restricted property, only if the lease ran at least 12 months, the landlord gave written non-renewal notice at least 60 days before it ended, and the case is filed within 6 months under RSA 540:2, II(i). Otherwise the landlord needs another listed reason, such as “other good cause.”

Is my landlord allowed to enter with 24 hours’ notice?

New Hampshire does not use an hours rule. RSA 540-A:3, IV bars willful entry without your prior consent except for emergency repairs, while you may not refuse reasonable access after notice that is adequate under the circumstances.

How many times can I pay off arrears to stop an eviction?

Up to 3 times in any 12-month period. RSA 540:9 requires payment before the hearing of all rent due, lawful lease charges, $15 in liquidated damages and the landlord’s filing and service costs.

What if my landlord shuts off heat in January?

That violates RSA 540-A:3, I, even if the utility account is in your name and the landlord caused the shutoff indirectly. File a petition in the district court under RSA 540-A:4; you can recover at least $1,000, and more for willful conduct.

Does a no-fault lease-end termination show up as an eviction?

It should not. RSA 540:2, VIII says a no-fault termination under paragraph II(i) is not an eviction for rental applications or screening reports, and the court must note it was no fault of the tenant.

If you have an eviction notice or a utility shutoff, contact New Hampshire Legal Aid or search LSC’s get legal help directory, and do not miss the appearance date on the writ. This page offers general information only, not legal advice. For other states, start at our tenant rights by state hub.

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