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Legal Information: New Hampshire

New Hampshire Housing Laws

Housing Laws

Basic info and definitions

Who is protected by this law?

Can my landlord tell others about my situation?

Your landlord must keep your status as a victim of domestic violence, sexual assault, or stalking completely confidential. This includes any written notification you give regarding that status. The only time the landlord is allowed to share (disclose) this information to someone else is when:

  1. you, or your household member who is the victim, ask in writing that the information be shared or agree in writing that it can be shared;
  2. the information is relevant and necessary for an eviction case or a court hearing about the termination of housing assistance; or
  3. it is otherwise required by law.1

1 N.H. Rev. Stat §§ 540:2(VII)(e); 540:11-b(II)

I’m a landlord, and one of my tenants has committed domestic violence against the other tenant in the unit. What are my options?

A landlord can bring an eviction case against a tenant or household member who is accused of domestic violence, sexual assault, or stalking. The judge can evict the abuser while allowing the remaining residents of the house, including the victim of the abuse, to continue the lease.

The landlord has the right to bar the abuser from returning to the property once the judgment in the eviction case is final. If the abuser does return to the property after being barred, it would be considered trespassing.1

1 N.H. Rev. Stat § 540:2(VII)(d)

Ending your lease early or changing your locks

Can I end my lease early if I am a victim of abuse?

You can end (terminate) your lease without penalty if you or a member of your household:

  1. has been the victim of domestic violence, sexual assault, or stalking within the past 150 days that you lived in the home; or
  2. are afraid for your safety because a new event has occurred within the past 150 days that, in combination with the prior domestic violence, sexual assault, or stalking, causes fear.1 

1 N.H. Rev. Stat § 540:11-b(I)(a)-(b)

What documentation do I need to give to my landlord?

In order to end your lease without penalty, the victim, meaning you or your household member, must give the landlord one of the following:

  1. a copy of a protective order against the abuser or proof that a petition was filed;
  2. a police report for the domestic violence, sexual assault, or stalking;
  3. written proof (verification) from a law enforcement official, victim’s advocate, attorney, or healthcare provider that you or your household member is a victim of domestic violence, sexual assault, or stalking; or
  4. a signed self-certification form provided by the circuit court that describes the abuse and swears that the information is true.1

1 N.H. Rev. Stat § 540:11-b(I)(c); see also the New Hampshire Judicial Branch website

If I end my lease, when do I have to move out?

You will need to move out within 30 days of giving written proof of the abuse to your landlord. You and your landlord may also agree to a different timeframe for you to move out if that works better for both of you.1 If your landlord does agree to a different move-out date, it is best for you to get this agreement in writing so that you can show proof later if the landlord sues you.

1 N.H. Rev. Stat § 540:11-b(III)

If I end my lease, do I still have to pay rent?

If you follow the requirements of this law, you only need to pay rent through the day you move out or the day you give notice that you will be ending the lease, whichever is later. The landlord can hold your security deposit through the last day that all tenants under your lease have left. Then the deposit must be returned to you within 30 days, unless the landlord can keep some or all of it according to the law.1 This means that the landlord may be able to keep the deposit if there are valid reasons to do so, but s/he cannot keep it just because you ended the lease early under this law.

1 N.H. Rev. Stat §§ 540:11-b(IV); 540-A:7(I)

If I stay in my home, can I ask the landlord to change my locks?

If you give the landlord a copy of a protective order that specifically removes (excludes) the abuser from your shared home, you can ask the landlord to change the locks. The landlord cannot give copies of the new keys to the abuser who has been removed.1  

If you ask for the locks to be changed, however the landlord can make you pay the costs. Also, the landlord will not be legally responsible (liable) for any damages caused by changing the locks.1 For example, if the locksmith damages your door or wall, you would be responsible to repair it.

1 N.H. Rev. Stat § 540:2(VII)(b)

Protection from housing discrimination

Can a landlord evict me because I am a victim?

Your landlord cannot evict you (terminate your tenancy) because you or a member of your household is a victim of domestic violence, sexual assault, or stalking. In order for this protection to apply, the victim, meaning you or your household member, must give the landlord one of the following:

  1. a copy of a protective order against the abuser or proof that a petition was filed;
  2. a police report for the domestic violence, sexual assault, or stalking;
  3. written proof (verification) from a law enforcement official, victim’s advocate, attorney, or healthcare provider that you or your household member is a victim of domestic violence, sexual assault, or stalking; or
  4. a signed self-certification form provided by the circuit court that describes the abuse and swears that the information is true.1

1 N.H. Rev. Stat § 540:2(VII)(a); see also the New Hampshire Judicial Branch website

Can my landlord ever terminate my lease or refuse to renew my lease if I am a victim of abuse?

This law prevents a landlord from evicting you because you are a victim of abuse, but it does not stop a landlord from ending (terminating) your lease, refusing to renew your lease, or evicting you for any other valid legal reason.1 Even if you are a victim of abuse, your landlord can end your lease or refuse to renew your lease for any of the following reasons:

  1. you do not pay your rent, including arrears you owe for past rent, but see the “Note” below;2  
  2. you, your household members, or your guests substantially damage the home;
  3. you do not follow the important (material) terms of your lease agreement;
  4. you or your family members behave in a way that harms the health or safety of the landlord, the landlord’s representatives, or other tenants in the building;
  5. you do not accept a suitable temporary relocation that becomes necessary due to lead paint abatement;
  6. you refuse to prepare your home for treatment for insect or rodent infestation after your landlord gives you reasonable written notice of the required preparations and the amount of time they will take;
  7. your co-tenant or another occupant in your home is accused of domestic violence, sexual assault, or stalking and you are terminating your lease;
  8. other “good cause,” which can include legitimate business or economic reasons.3 

Note: The landlord cannot evict you for non-payment of rent if all of the following are true:

  • The landlord agreed to pay for utilities, but didn’t; so, you had to make payments to stop your utilities from being cut off;
  • The amount you owe in rent is less than the amount you are paying to keep those utilities accounts open; and
  • You have receipts or other proof of payment for what you have paid to the utility company to maintain your service.4  

1 N.H. Rev. Stat § 540:2(VII)(a)
2 N.H. Rev. Stat § 540:2(VII)(f)
3 N.H. Rev. Stat § 540:2(II), (V)
4 N.H. Rev. Stat § 540:2(VI)

What can I do if I believe the landlord is violating this law by evicting me due to being a victim?

If you believe the landlord’s real motive for trying to evict you is because you are a victim of abuse, you might be able to win your case if you can prove that to the judge. This is known as an “affirmative defense” in the case.1 It’d be best to get a lawyer who is familiar with domestic violence to represent you in court.

1 N.H. Rev. Stat § 540:2(VII)(g)