Housing & Tenant · Landlord Entry
Landlord Entry Notice in New Hampshire
How much warning a landlord must give before entering your home in New Hampshire, the hours entry is allowed, and what to do if they walk in unannounced, cited to the statute.
The rules and your rights in New Hampshire
The notice, the allowed hours, the reasons a landlord may enter, and what to do about an unlawful entry.
| Advance notice | No notice period set by state statute |
| Allowed entry hours | A reasonable time, after notice that is adequate under the circumstances. |
| Reasons a landlord may enter | To make necessary repairs, or to perform other reasonable and lawful functions commonly associated with the ownership of rental property. The operative requirement is your consent, given at a reasonable time after adequate notice, rather than a fixed countdown. |
| Emergency entry | A landlord may enter without your consent only to make emergency repairs, or with a court order obtained under RSA 540-A:4. That is the narrow exception to a consent-first rule, not an exception to a notice period. |
| Statute | N.H. Rev. Stat. Ann. §540-A:3, with remedies at §540-A:4 |
If the landlord enters unlawfully
This is unusually strong. RSA 540-A:4 allows a petition for an order stopping the conduct plus damages, and a landlord who violates RSA 540-A:3 is subject to the Consumer Protection Act remedies in RSA 358-A:10, including costs and reasonable attorney fees. That routing through consumer protection law is where the real leverage sits.
What you can do right now
Concrete, neutral steps if a landlord keeps entering your New Hampshire home without proper notice. This is legal information, not legal advice.
- Know that consent is the default
In New Hampshire the landlord generally needs your agreement to enter. Outside an emergency repair, a landlord who wants in without your consent has to get a court order, so a calm no is a real position here.
- Do not willfully refuse reasonable access
The balance is that you may not willfully refuse access at a reasonable time after adequate notice for repairs or ordinary ownership functions. So refuse an unreasonable entry, but do not block a fair, properly noticed one.
- Keep a dated log
Record each entry or attempted entry: the date, the time, the notice you got, and whether you consented. A log supports both a petition under RSA 540-A:4 and a Consumer Protection Act claim.
- Get local help
Because the remedy runs through the Consumer Protection Act, a local New Hampshire legal aid office can explain how to use RSA 540-A:4 and RSA 358-A:10. Search for legal aid in your area.
This is general legal information, not legal advice. Read your own lease and check for a local ordinance, since either can change what applies to your home.
What New Hampshire renters get wrong
New Hampshire asks a different question from almost every other state. Everywhere else the question is how much warning the landlord owes. In New Hampshire the question is whether the renter agreed. Under RSA 540-A:3 a landlord may enter without consent only for an emergency repair or on a court order, which means a renter who says no and is not facing an emergency has put the landlord to the trouble of going to a judge. The balance is that a renter may not willfully refuse access at a reasonable time after notice that is adequate under the circumstances, so the consent cannot be used to block fair, properly announced entries. What makes New Hampshire unusual is where the remedy lives. A violation runs through the Consumer Protection Act at RSA 358-A:10, which carries costs and attorney fees, so the leverage is real. Because the official statute site blocked access this session, the exact wording is held as cited pending a direct read.
Common questions
Can I refuse entry in New Hampshire?
Often, yes. RSA 540-A:3 makes consent the default and lets a landlord in without it only for an emergency repair or on a court order. But you may not willfully refuse access at a reasonable time after adequate notice for repairs or ordinary ownership functions.
What happens if I say no and it is not an emergency in New Hampshire?
If the entry is not for an emergency repair and you do not consent, the landlord generally has to obtain a court order under RSA 540-A:4 to enter. That is a stronger tenant position than the notice-only rule in most states.
What does willfully refuse mean in New Hampshire?
The statute says a tenant may not willfully refuse access at a reasonable time after adequate notice for repairs or ordinary ownership functions. Refusing an unreasonable or unannounced entry is different from stonewalling a fair, properly noticed one, which can count as willful refusal.
Why does the Consumer Protection Act apply in New Hampshire?
RSA 540-A:3 routes its remedy through RSA 358-A:10, the Consumer Protection Act enforcement provision. A landlord who violates the entry rule can face those remedies, including costs and reasonable attorney fees, which is where a tenant real leverage comes from.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.