Can I Sue My Landlord in New Hampshire?
Yes — in many situations. These are the main claims New Hampshire tenants bring, what the law lets you recover, and where to file. Each rule links to the statute or official source. Most claims under the small claims limit can be filed without a lawyer.
Before you sue
- Write down what happened, with dates, and keep photos, texts, emails and receipts.
- Send your landlord a written demand (templates below) and give a reasonable deadline.
- Check the deadline to sue and the court's dollar limit (below).
- If the amount is over the small claims limit, or you are facing eviction, talk to a lawyer or legal aid first.
Your security deposit wasn't returned
| Penalty for withholding | Landlord who fails to return the deposit/interest or itemize as required is liable for twice the amount of the deposit plus any interest due, less amounts already paid and lawful deductions. Violations of the cap, receipt and trust/bond rules (RSA 540-A:6, I-III) are deemed Consumer Protection Act violations under RSA 358-A:2. Lease waivers of these rights are void. Source: RSA 540-A:8, I |
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| Deposit return deadline | Within 30 days after the tenancy ends. Deposits and interest left unclaimed 6 months after the tenancy ends become the landlord's property absent fraud; landlord is not liable if the tenant failed to give a forwarding address (RSA 540-A:8, II). Source: RSA 540-A:7, I |
Free New Hampshire security deposit demand letter
You were locked out or your utilities were cut off
| Lockouts & utility shutoffs | Prohibited. Landlord may not willfully interrupt or terminate any utility (even one it doesn't control), except temporarily for repairs or emergencies, and may not lock out or deny access to the tenant or the tenant's property except by judicial process. Tenant petitions the district division (RSA 540-A:4, https://gc.nh.gov/rsa/html/LV/540-A/540-A-4.htm): hearing within 30 days of petition or 10 days after service (whichever later); ex parte temporary orders available for immediate irreparable harm; each day of violation after a temporary order is a separate violation. Remedies follow RSA 358-A:10: actual damages or $1,000, whichever is greater, 2-3x if willful or knowing, plus costs and attorney's fees (https://gc.nh.gov/rsa/html/XXXI/358-A/358-A-10.htm). If the unit was re-let after an unlawful lockout, damages are at least $3,000. |
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Your landlord retaliated after you complained
| 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 |
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Your landlord won't make repairs
| 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 |
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| 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 |
| Mold | No statute — general habitability standards apply. The state minimum housing standards do not mention mold but prohibit related conditions such as roofs or walls that leak consistently and defective internal plumbing or sewage back-ups. RSA 48-A:14 applies in municipalities that have not adopted their own housing ordinances or codes; local codes govern elsewhere. Neither RSA 48-A nor RSA 540-A contains a mold disclosure or remediation requirement. Source: RSA 48-A:14, II and IV |
| Pests & bed bugs | The landlord may not maintain premises infested by insects and rodents without a periodic inspection and eradication program, or infested by bed bugs without a periodic inspection and remediation program (remediation = substantially reducing bed bugs for at least 60 days). The landlord must investigate a tenant's report of insects, bed bugs, or rodents within 7 days and take reasonable measures to remediate. Tenants may not refuse access for emergency pest entry or, on 48 hours' written notice, for a bed-bug check when an adjacent, above, or below unit has bed bugs, and must follow reasonable written preparation instructions given at least 72 hours before treatment. Emergency entry for infestations counts as emergency repair if it occurs within 72 hours of the landlord's first notice. No state bed-bug disclosure requirement for new tenants. |
| Heat | Yes. Heating facilities must be properly installed, safely maintained, in good working condition, and capable of heating all habitable rooms, bathrooms, and toilet rooms to an average of at least 65°F; when the landlord supplies heat as part of the rent, rooms must actually be kept at a minimum average of 65°F. No heating season is specified. A landlord may not willfully interrupt heat or other utility service except temporarily for repairs or emergencies. RSA 48-A:14 applies where the municipality has not adopted its own housing code; local codes may set different standards. Source: RSA 48-A:14, XI; RSA 540-A:3, I |
Free New Hampshire repair request letter to landlord
Your landlord entered without notice or invaded your privacy
| Landlord entry notice | Landlord may not enter without the tenant's consent except for emergency repairs or under a court order. Tenant may not unreasonably refuse entry at a reasonable time after 'notice which is adequate under the circumstances' (no fixed number of hours). Bed bug evaluation entry requires 48 hours' written notice; emergency entry for infestations within 72 hours of notice counts as emergency repair. Paragraph V was reworded effective Oct. 8, 2026 (2026 ch. 308) so tenants may not refuse access for necessary repairs or other reasonable and lawful functions. Source: RSA 540-A:3, IV-V |
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| Cameras & privacy | No landlord-specific camera statute, but it is a class A misdemeanor to install or use, without consent, any device to observe, photograph, record, or transmit images or sounds in a private place (which includes the interior of one's dwelling), or from outside a private place to capture images, location, movement, or sounds not ordinarily perceptible outside it. A landlord may not enter without the tenant's prior consent except for emergency repairs or under a court order. Visible cameras in common areas are not specifically regulated by state landlord-tenant law; the privacy statute turns on whether the place is one where a person may reasonably expect to be safe from surveillance. |
You were refused or treated differently because of Section 8 or other income
| Statewide ban on refusing Section 8 / source of income | No. New Hampshire's fair housing law covers age, sex, gender identity, race, religion, color, marital status, familial status, physical or mental disability and national origin (and sexual orientation in advertising), but not source of income or housing vouchers. RSA 540:9-a addresses payment of rent by municipal welfare voucher in eviction cases, not refusal to rent. Source: RSA 354-A:10 |
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Other claims tenants bring in New Hampshire
| Covenant of quiet enjoyment | Recognized by statute. A landlord may not willfully violate a tenant's right to quiet enjoyment of the tenancy or try to get around the court eviction process. A tenant can file a petition in the circuit court (district division) with no filing fee and without a lawyer; the court can order the landlord to stop and award damages for violations of RSA 540-A, breach of the warranty of habitability, or breach of the covenant of quiet enjoyment. A willful violation also carries the civil remedies of the Consumer Protection Act (RSA 358-A:10) plus costs and reasonable attorney's fees. RSA 540-A:2 and 540-A:4 were amended effective October 8, 2026; the quiet-enjoyment prohibition on landlords is unchanged. Specific prohibited acts, such as cutting off utilities or locking a tenant out, are listed in RSA 540-A:3. |
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| Injuries on the property | No statute sets a general rule on a landlord's liability for injuries on rental property; injury claims are decided by the courts under negligence law. State law does set minimum housing standards a landlord must meet in towns without their own housing code — for example, no unaddressed insect or rodent infestation, no gas leaks or defective pilot lights in landlord-supplied appliances, adequate water and hot-water equipment, and safe, working heat capable of at least 65°F. Violating these minimum standards is a violation-level offense, with each continuing day after notice a separate offense (RSA 48-A:15). Talk to a lawyer about any injury claim — filing deadlines apply. Source: RSA 48-A:14, 48-A:15 |
Where and when to sue
| Small claims limit | $10,000 in debt or damages, not counting interest and costs. Actions involving title to real estate are excluded. Source: RSA 503:1, I |
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| Small claims filing fee | The plaintiff pays an entry fee, which is recoverable as a cost if the plaintiff wins, plus a surcharge of $5 for claims of $5,000 or less or $60 for claims over $5,000 (for the mediation and arbitration fund). The clerk pays the postage to mail the notice to the defendant. Ask the court for the current base entry fee. Source: RSA 503:1, III; RSA 503:4 |
| Deadline to sue on a written lease | 3 years for personal actions, including suits on written or oral leases for unpaid rent or damages. The 3 years run from the act or omission, or from when the injury was or reasonably should have been discovered. New Hampshire does not set separate periods for written and oral contracts. Source: RSA 508:4, I |
How small claims court works in New Hampshire →
Tenant lawyers and free legal aid in New Hampshire · New Hampshire tenant rights · Suing a landlord in other states
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.