New Hampshire Repairs & Tenant Remedies
New Hampshire rules on repairs & habitability for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No statutory repair-and-deduct remedy. RSA ch. 540; RSA 540:13-d
The rules in New Hampshire
| Repair and deduct | No statutory repair-and-deduct remedy. Ch. 540 has no repair-and-deduct section. Tenant remedies are the habitability defense to nonpayment eviction (RSA 540:13-d) and a petition under RSA 540-A:4 for violations of RSA 540-A:2/3. In towns without their own housing code, RSA 48-A:14 lists the minimum standards a landlord must maintain (pests, plumbing and sewage, electrical hazards, leaks and holes, structural safety of porches and stairs, garbage, water and hot water, gas, and heat of at least 65°F average where heat is included in the rent) (https://gc.nh.gov/rsa/html/III/48-A/48-A-14.htm). Source: RSA ch. 540; RSA 540:13-d |
|---|---|
| Withholding rent | Limited: a tenant who was current on rent may defend a nonpayment eviction if the unit substantially violates RSA 48-A or local codes materially affecting habitability, the tenant gave written notice, and the landlord failed to fix it within 14 days (or promptly in an emergency). Tenant must pay withheld and accruing rent into court; court may continue the case up to 1 month for repairs. Must be proved by clear and convincing evidence; not available if the tenant or guests caused the problem, or repairs were prevented by extreme weather or the tenant denying access. If repaired in time, court splits escrow: landlord gets fair rental value for the defective period, tenant gets the rest. Source: RSA 540:13-d |
| Landlord retaliation | Defense to eviction if retaliatory for: reporting (in good faith) a code or RSA 540-A violation to the landlord or an enforcement agency; filing an RSA 540-A action or using RSA 540:13-d; or meeting/organizing with other tenants. Rebuttable presumption of retaliation if the landlord evicts, raises rent, or substantially changes terms within 6 months of the protected act. Defense unavailable if tenant owes one week's rent or more (RSA 540:13-a, https://gc.nh.gov/rsa/html/LV/540/540-13-a.htm). Presumption doesn't apply if the court finds the complaint was primarily meant to prevent eviction. A tenant who wins a retaliation defense may recover up to 3 months' rent (RSA 540:14). Source: RSA 540:13-a; RSA 540:13-b |
Related questions
New Hampshire vs. neighboring states
| State | Repair and deduct | Withholding rent | Landlord retaliation |
|---|---|---|---|
| New Hampshire | No statutory repair-and-deduct remedy. RSA ch. 540; RSA 540:13-d | Limited: a tenant who was current on rent may defend a nonpayment eviction if the unit substantially violates RSA 48-A or local codes materially affecting habitability, the tenant gave written notice, and the landlord failed to fix it within 14 days (or promptly in an emergency). Tenant must pay withheld and accruing rent into court; court may continue the case up to 1 month for repairs. RSA 540:13-d | Defense to eviction if retaliatory for: reporting (in good faith) a code or RSA 540-A violation to the landlord or an enforcement agency; filing an RSA 540-A action or using RSA 540:13-d; or meeting/organizing with other tenants. Rebuttable presumption of retaliation if the landlord evicts, raises rent, or substantially changes terms within 6 months of the protected act. RSA 540:13-a; RSA 540:13-b |
| Maine | Allowed for conditions that endanger or materially impair health or safety when the reasonable cost is less than the greater of $500 or 1/2 of the monthly rent. Tenant must give written notice of intent by certified mail (return receipt); landlord has 14 days to fix (or as promptly as conditions require in an emergency). Tenant then deducts the actual reasonable cost with an itemized statement. 14 M.R.S. § 6026 | No statutory self-help rent withholding. Remedies for habitability breaches run through court: a tenant who was current on rent when giving written notice may sue under the warranty of habitability for injunction and rent abatement; a tenant sued for nonpayment may raise the landlord's habitability breach as a defense. 14 M.R.S. §§ 6021(3)-(4), 6002(3) | Rebuttable presumption of retaliation if the landlord files an eviction within 6 months after the tenant: asserted rights under §§ 6015, 6016, 6021, 6030-D, 6030-I or 6030-J; made a good-faith code complaint (or a code agency filed one); made a good-faith written complaint or repair request; filed a fair-housing complaint with the Maine Human Rights Commission or HUD; notified the landlord of domestic violence/sexual assault/stalking victim status; or reported sexual harassment by the landlord. 14 M.R.S. § 6001(3) |
| Massachusetts | Yes, with conditions. A board of health or code enforcement agency must certify a code violation that may endanger or materially impair health, safety, or well-being, or a court must find one, and the owner must receive written notice. If the owner does not begin repairs (or contract for them) within 5 days, or does not substantially complete them within 14 days, the tenant may make the repairs and deduct the cost from future rent, up to 4 months' rent in any 12-month period (or the period of occupancy, if shorter). Alternatively, the tenant may treat the lease as terminated, pay only the fair value of use and occupancy, and move out within a reasonable time. G.L. c. 111, § 127L | Yes. In an eviction for nonpayment, or a no-fault eviction, the tenant may raise code violations, breach of warranty, or breach of the rental agreement as a defense and counterclaim, if: the landlord knew of the conditions before the tenant fell behind; the tenant or household did not cause them; and they can be fixed without vacating the unit. While the case is pending, the court may require the tenant to pay the fair value of use and occupancy, less any counterclaim award, into court. If the tenant's award equals or exceeds the landlord's, the landlord gets no possession. If the landlord's award is larger, the tenant keeps possession by paying the balance, with interest and costs, within one week of written notice from the court. G.L. c. 239, § 8A | Prohibited. Protected acts include: pursuing a court or agency action to enforce housing laws; reporting suspected health, building, or housing code violations to the board of health or a similar agency, or complaining in writing to the landlord; organizing or joining a tenants' union; and certain c. 164 § 124D and c. 183A rent-payment rights. A termination notice (other than for nonpayment), a rent increase, or a substantial change in lease terms within 6 months after protected activity is presumed retaliatory. The landlord can rebut the presumption only by clear and convincing evidence. Damages: at least 1 and up to 3 months' rent, or actual damages if greater, plus costs and reasonable attorney's fees. G.L. c. 186, § 18 |
| Vermont | Yes, for minor defects: if the landlord fails to repair within 30 days of notice, the tenant may repair and deduct the actual and reasonable cost, not to exceed one-half of one month's rent, giving the landlord actual notice of the cost. 9 V.S.A. 4459 | Yes. If the landlord fails to make repairs within a reasonable time after actual notice (from the tenant, a government entity, or a qualified independent inspector) of a habitability noncompliance that materially affects health and safety, the tenant may withhold rent for the period of noncompliance, or seek injunctive relief, damages, costs and attorney's fees, or terminate on reasonable notice. 9 V.S.A. 4458 | Landlord may not retaliate (by setting or changing lease terms, or by bringing or threatening an action) because a tenant complained to a government agency about a health/safety violation, complained to the landlord about a chapter 137 violation, or organized/joined a tenants' union. A termination notice (other than for nonpayment) served within 90 days after a state or municipal finding of a health or safety noncompliance is presumed retaliatory (rebuttable). 9 V.S.A. 4465 |
More New Hampshire rental law
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- New Hampshire Eviction Laws
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- New Hampshire Rent Increase & Late Fee Laws
- Breaking a Lease in New Hampshire
- Squatters' Rights in New Hampshire
- New Hampshire Rental Fee Rules
- New Hampshire Section 8, Records & Right to Counsel
- New Hampshire Mold, Pests, Heat & AC Rules
- New Hampshire Privacy, Guests & Animal Rules
- New Hampshire Landlord Selling the House
- New Hampshire Lockouts, Utility Shutoffs & Retaliation
- New Hampshire Subletting, Lease Endings & Tenant Death
- All New Hampshire landlord-tenant rules
- Free legal help in New Hampshire
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New Hampshire Repairs & Tenant Remedies FAQ
Can a tenant repair and deduct from rent in New Hampshire?
No statutory repair-and-deduct remedy. (RSA ch. 540; RSA 540:13-d)
Can a tenant withhold rent for repairs in New Hampshire?
Limited: a tenant who was current on rent may defend a nonpayment eviction if the unit substantially violates RSA 48-A or local codes materially affecting habitability, the tenant gave written notice, and the landlord failed to fix it within 14 days (or promptly in an emergency). Tenant must pay withheld and accruing rent into court; court may continue the case up to 1 month for repairs. (RSA 540:13-d)
Can a landlord retaliate against a tenant for complaining in New Hampshire?
Defense to eviction if retaliatory for: reporting (in good faith) a code or RSA 540-A violation to the landlord or an enforcement agency; filing an RSA 540-A action or using RSA 540:13-d; or meeting/organizing with other tenants. Rebuttable presumption of retaliation if the landlord evicts, raises rent, or substantially changes terms within 6 months of the protected act. (RSA 540:13-a; RSA 540:13-b)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.