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Tenant Repair Laws in New Hampshire

In New Hampshire, a tenant who gave notice while current on rent may defend a nonpayment eviction if the landlord did not correct a serious code violation within 14 days, with withheld rent paid into court.

Last checked . General information, not legal advice.

New Hampshire at a glance

Rent withholding
Only as a court defense, rent paid into court
The tenant must prove notice by clear and convincing evidence and pay withheld rent into court.
Landlord repair deadline
14 days after written notice
Sooner in an emergency (as promptly as conditions require).

Sources

Last checked

The rules in New Hampshire

Can a tenant withhold rent or pay it into escrow for repairs in New Hampshire?

Only as a court defense, rent paid into court. Rent withholding in New Hampshire: only as a court defense, rent paid into court. The tenant must prove notice by clear and convincing evidence and pay withheld rent into court.

How long does a landlord have to make repairs after notice in New Hampshire?

Landlord repair deadline in New Hampshire: 14 days after written notice. Sooner in an emergency (as promptly as conditions require).

Where do the New Hampshire tenant repair laws come from?

The rules above come from N.H. Rev. Stat. 540:13-d. Each source is linked on this page. We last checked them in October 2026.

Good to know

The court may continue the case up to one month to let the landlord fix the violation, then split the rent paid into court.

What this means in practice

Give notice in writing and keep a copy. Tenant repair remedies usually start running only after the landlord has received notice of the problem, and a dated letter or email is the easiest way to prove when that happened.

Document the condition before and after. Photos, videos, inspection reports from a local code office and receipts for any repair work help show that the problem was serious and that any amount deducted or withheld matches the actual cost.

Stay current on everything else. Repair remedies generally protect only tenants who are not otherwise behind on rent and who did not cause the damage, and using a remedy the state does not allow can be treated as nonpayment of rent and lead to an eviction case.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.