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EspañolCan 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:
- a copy of a protective order against the abuser or proof that a petition was filed;
- a police report for the domestic violence, sexual assault, or stalking;
- 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
- 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:
- you do not pay your rent, including arrears you owe for past rent, but see the “Note” below;2
- you, your household members, or your guests substantially damage the home;
- you do not follow the important (material) terms of your lease agreement;
- 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;
- you do not accept a suitable temporary relocation that becomes necessary due to lead paint abatement;
- 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;
- your co-tenant or another occupant in your home is accused of domestic violence, sexual assault, or stalking and you are terminating your lease;
- 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)
