Landlord repairs in New Hampshire

In towns without their own housing code, RSA 48-A:14 bars landlords from renting homes with listed defects (infestations, bad plumbing or sewage back-ups, electrical hazards, leaking roofs or walls, falling plaster, big holes, unsound stairs, no working water heating, gas leaks, inadequate heat). Towns with a housing code apply that code instead. Courts recognize a warranty of habitability, and RSA 540:13-d makes substantial violations that materially affect habitability a defense to a nonpayment eviction. (RSA 48-A:14; RSA 540:13-d; RSA 540-A:4, VII(d))

New Hampshire law names these:

• periodic inspection and eradication program for insect and rodent infestations
• inspection and remediation program for bed bugs
• working internal plumbing with no sewage back-up from a faulty septic or sewage system
• wiring, switches and outlets free of shock or fire hazards
• roof and walls that do not leak consistently
• plaster not falling from walls or ceilings
• floors, walls and ceilings without substantial holes
• structurally sound porches, stairs and railings
• garbage removal or enough receptacles (unless the tenant agreed to handle it)
• adequate water supply and working water-heating equipment
• no gas line leaks or defective pilot lights in landlord-furnished appliances
• heating facilities able to heat habitable rooms, bathrooms and toilet rooms to an average of at least 65°F

For the rent-withholding defense, the tenant must prove by clear and convincing evidence that, while not behind on rent, they gave notice of the violation to the person they normally pay rent to; the 14-day clock runs from the landlord's receipt of that written notice. 603 Legal Aid says written notice is not an absolute requirement but strongly recommends dated written requests with a copy kept. (RSA 540:13-d, I(a)-(b))

The notice must be in writing. Write a New Hampshire repair request letter.

The landlord has 14 days after receiving written notice to correct a habitability violation, or in an emergency as promptly as conditions require (RSA 540:13-d, I(b)). For a reported insect, bed bug or rodent infestation, the landlord must investigate within 7 days of notice from the tenant or a local health or housing code authority and take reasonable measures to remediate (RSA 540-A:3, V-a).

Urgent problems: in an emergency, the landlord must correct the violation as promptly as conditions require

Law: RSA 540:13-d, I(b); RSA 540-A:3, V-a

Not addressed by state law. New Hampshire statutes do not provide a repair-and-deduct remedy, and no official source found addresses one.

Allowed with limits. A landlord cannot win a nonpayment eviction if the unit has a substantial violation of RSA 48-A or local code standards that materially affects habitability, and the tenant proves they gave notice while current on rent, the landlord did not fix it within 14 days (or promptly in an emergency), the tenant's household did not cause it, and repairs were not blocked by extreme weather or the tenant denying access. The court may continue the case up to one month and must have the tenant pay withheld and new rent into court. 603 Legal Aid says the written notice must reach the landlord at least 14 days before the next rent due date, and the tenant must bring all the withheld rent to the hearing.

Law:

RSA 540:13-d

When a tenant raises the RSA 540:13-d defense, the court may continue the eviction up to one month for repairs and requires the tenant to pay withheld rent, and rent as it comes due, into court. If repairs are made, the case is dismissed and the court gives the rent to the landlord or splits it, awarding the tenant the difference from the fair rental value of the defective unit as damages. If repairs are not made, judgment enters for the tenant and all deposited money is refunded. (RSA 540:13-d, II)

Allowed with limits. No New Hampshire statute lets a tenant end a lease because of unfixed repairs. 603 Legal Aid says that if the landlord breached first in a significant way, such as failing to make necessary repairs or follow housing codes, the tenant may not owe the rest of the rent; the breach must be substantial, not technical or trivial. A tenant who leaves without such a breach can still owe the remaining rent.

Law:

603 Legal Aid, Breaking a Lease

RSA 540-A petition in district or circuit court (no filing fee, no lawyer needed) for utility shut-offs, lockouts or failure to address infestations; the court may order the landlord to stop and award damages, including for breach of the warranty of habitability (RSA 540-A:4). Violations of RSA 48-A:14 in towns without a housing agency are violations, with each day after notice a separate offense (RSA 48-A:15). A landlord who violates RSA 540-A:3 (such as a utility shut-off or lockout) is subject to the civil remedies of RSA 358-A:10 plus costs and reasonable attorney's fees, but this does not apply to infestation violations under RSA 540-A:3, V-a (RSA 540-A:4, IX).

Unless the tenant owes a week's rent or more, it is a defense to eviction that the landlord is retaliating for the tenant's good-faith report of a code or RSA 540-A violation to the landlord or an inspection agency, for using RSA 540-A or 540:13-d, or for meeting with other tenants. An eviction, rent increase or substantial change in tenancy terms within 6 months after the landlord got notice of the complaint, or after completing repairs, is presumed retaliatory. Separately, when a tenant proves an RSA 540-A:3 violation, the landlord may not bring a possession action within 6 months of the tenant's RSA 540-A action except for nonpayment of rent or a violation of a substantial lease obligation, nor take any other reprisal (RSA 540-A:4, XI). (RSA 540:13-a, 540:13-b; RSA 540-A:4, XI)

603 Legal Aid tells tenants to report serious problems to their town or city (usually the Code Enforcement Officer, Health Officer or Building Inspector, reached through the town or city clerk) and fire hazards to the local Fire Chief.

• RSA 48-A:14 standards apply only in municipalities that have not adopted their own housing code; where a local code exists, it sets the standards.
• The landlord must pay up front for bed-bug remediation and may bill the tenant only if the tenant caused the infestation (RSA 540:13-e).
• 603 Legal Aid says mold is not a state code violation in New Hampshire, though some local housing codes require landlords to fix it.
• As of October 8, 2026, RSA 540-A:3, V says a tenant may not willfully prevent completion of necessary repairs (2026, 308:6).

• New Hampshire repair request letter (free, runs in your browser)
• Breaking a lease in New Hampshire: notice periods and early-termination rights
• New Hampshire eviction notice rules: what a notice for unpaid rent requires

• RSA 48-A:14 Minimum Standards Established Retrieved October 14, 2026.
• RSA Chapter 48-A (Housing Standards) Retrieved October 14, 2026.
• RSA Chapter 540 (Actions Against Tenants), incl. 540:13-a, 13-b, 13-d, 13-e Retrieved October 14, 2026.
• RSA Chapter 540-A (Prohibited Practices), incl. 540-A:3, 540-A:4 Retrieved October 14, 2026.
• 603 Legal Aid: To Withhold Rent or Not to Withhold Rent Retrieved October 14, 2026.
• 603 Legal Aid: Tenant's Rights Overview Retrieved October 14, 2026.
• https://www.603legalaid.org/self-help-articles/housing/tenants/leases-rent-security-deposits/braking-a-lease/ Retrieved October 14, 2026.

Laws change. This page was checked against the sources above on October 14, 2026. It is legal information, not legal advice; before withholding rent or ending a lease, contact your state's legal aid. See our methodology.