Housing · Warranty of habitability
Warranty of Habitability in New Hampshire
What a landlord in New Hampshire must keep livable, and your remedy when they do not: whether you can withhold or escrow rent, or must use another route. This is the landlord duty behind the repair-and-deduct remedy. Cited to the statute.
What the warranty of habitability covers in New Hampshire
What the landlord must maintain, whether you can withhold or escrow rent, and the limits on the remedy.
| What the law says | What it means |
|---|---|
| The warranty is case law, the standard is RSA 48-A:14 | Kline v. Burns recognized an implied warranty of habitability. RSA 48-A:14 supplies the content by listing eleven conditions a landlord may not maintain, including insect and rodent infestation, defective plumbing or sewage back-up, electrical hazards, consistently leaking roofs or walls, unsound stairs and railings, and inadequate water. |
| Heat at 65°F average, year-round | RSA 48-A:14, XI is two-limbed. The heating facilities must be able to heat all habitable rooms, bathrooms and toilet rooms to an average of at least 65°F, and where the landlord supplies heat as part of the rent, the premises must actually be maintained at a minimum average of 65°F. New Hampshire sets no heating season, so the standard runs all year. It is the lowest number and longest season among the states that set one. |
| Enforced as a defense to eviction | RSA 540:13-d lets a tenant raise a substantial violation of the RSA 48-A standards, or a local code, that materially affects habitability, as a defense in a possessory action. The court may continue the case, must require the tenant to pay rent into court, and on a remedied violation apportions the fund between the fair rental value and damages for the landlord’s breach of the warranty of habitability. |
| Where it does not apply | What it means |
|---|---|
| Towns with their own housing code | RSA 48-A:14 binds only a landlord in a municipality that has not adopted its own ordinances, codes or bylaws under the chapter. In a New Hampshire town with a local housing code, RSA 48-A:14 does not apply at all, and the local code supplies the standard instead. |
| Strict proof and current rent | Under RSA 540:13-d the tenant must prove by clear and convincing evidence, a higher standard than the usual civil one, that while not in arrears the tenant gave written notice, the landlord failed to correct within 14 days, the violations were not the tenant’s fault, and repairs were not blocked by extreme weather or the tenant denying access. |
| Waiver is unresolved | Neither RSA 48-A:14 nor RSA 540:13-d says anything about waiver, and no New Hampshire rule settling it was found. Whether the Kline warranty can be contracted around is a case-law question this page does not answer either way. |
What you can do right now
Concrete, neutral steps when a rental in New Hampshire is not being kept livable. This is legal information, not legal advice.
- Check whether your town has its own code
RSA 48-A:14 applies only where the municipality has not adopted its own housing code. Find out which applies to you, because in a town with a local code that code sets the standard instead of RSA 48-A:14.
- Give written notice while current on rent
RSA 540:13-d requires you to be not in arrears and to have given written notice of the violation. Stay current, put the defect in writing, and keep a dated copy, because the burden of proof is clear and convincing evidence.
- Track the temperature if heat is the issue
The standard is a 65°F average, all year. If the heat falls short, log readings across the habitable rooms so you can show the average, and note whether the landlord supplies the heat as part of the rent.
- Get New Hampshire legal help
Because enforcement runs through an eviction defense with a rent-into-court mechanic, get advice before you act. New Hampshire Legal Aid can explain the RSA 540:13-d process.
Withholding rent the wrong way can risk eviction, so a legal aid office can confirm the exact notice and escrow steps before you stop paying.
→ New Hampshire Legal AidThis is general legal information, not legal advice. The notice, the escrow account, and what counts as uninhabitable all matter, so confirm your situation against the statute before withholding rent.
What renters in New Hampshire get wrong about habitability
New Hampshire’s warranty of habitability is case law, from Kline v. Burns, but the content of the standard comes from a statute drafted in an unusual way. RSA 48-A:14 does not command repairs. It prohibits a landlord from maintaining premises in eleven listed conditions, from insect and rodent infestation to leaking roofs, unsound stairs and inadequate water. It is also jurisdictionally limited: it binds only a landlord in a municipality that has not adopted its own housing code, so in a town with a local code RSA 48-A:14 does not apply at all. The heat rule is distinctive. Facilities must be able to reach a 65°F average in all habitable rooms, and where the landlord supplies heat the unit must actually be kept at a 65°F average, with no heating season, so the duty runs year-round. That makes New Hampshire the coldest state with the lowest number and the longest season. Enforcement is not repair-and-deduct. RSA 540:13-d makes the standard a defense to eviction, with the tenant paying rent into court and the judge apportioning the fund between fair rental value and damages for the breach. Whether the warranty can be waived is unresolved.
Common questions
Does New Hampshire have a warranty of habitability?
Yes, from case law. Kline v. Burns recognized an implied warranty of habitability, and RSA 48-A:14 supplies the minimum standards by listing conditions a landlord may not maintain. RSA 540:13-d lets a tenant raise a substantial violation as a defense to eviction.
What temperature must a New Hampshire apartment reach?
An average of at least 65°F, year-round. Under RSA 48-A:14, XI the heating facilities must be able to reach a 65°F average in all habitable rooms and bathrooms, and where the landlord supplies heat the unit must actually be kept at that average. New Hampshire sets no heating season.
Does RSA 48-A:14 always apply in New Hampshire?
No. It binds a landlord only in a municipality that has not adopted its own ordinances, codes or bylaws under the chapter. In a town with a local housing code, RSA 48-A:14 does not apply and the local code sets the standard instead.
How do I enforce habitability in New Hampshire?
Mainly as a defense to eviction under RSA 540:13-d. You must show by clear and convincing evidence that, while current on rent, you gave written notice and the landlord failed to fix a substantial violation within 14 days. The court holds rent you pay in and apportions it between fair rental value and damages.
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.