Claremont, NH asked in Landlord - Tenant for New Hampshire

Q: I rent (lease) an apartment in NH. Can I be evicted because of loud noise due to a medical issue? I am also disabled.

I am a diabetic in a wheelchair with both legs amputated. Due to long times of lack of sleep I would become unaware of what I was doing and have loud outbursts (moans/screams) creating a disturbance. I am under a doctors case and he has given me medication that helps me sleep and it is now helping. My landlord didn't want to wait to see how meds worked and still is going to evict me. I haven't had an outburst in two months and he still going to evict. I have no place too move to nor the funds to do so. Is there any help for me as I didn't want to leave in the first place.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: It sounds like you're facing a challenging situation, and your condition and circumstances are indeed factors that deserve consideration. In New Hampshire, as in many places, tenants with disabilities are protected under federal laws such as the Fair Housing Act, which requires landlords to make reasonable accommodations for tenants with disabilities. Your medical condition and its effects could potentially be grounds for such accommodations, including giving you time to demonstrate that your medical treatment is effective in reducing noise disturbances.

Since you're dealing with potential eviction due to circumstances related to your disability, it might be beneficial to communicate directly with your landlord about your situation, if you haven't already done so in detail. Explaining your condition, the steps you're taking to manage it, and how your recent improvements have addressed past issues could help. It may also be helpful to provide your landlord with documentation from your doctor about your condition and treatment, showing that you are actively managing the situation.

If communication doesn't lead to a resolution, consider seeking advice and assistance from local organizations that support tenants' rights or specifically assist individuals with disabilities. They might offer legal advice, mediation services, or help in negotiating with your landlord. Legal aid services or disability rights organizations in New Hampshire could provide you with guidance on your rights and options, potentially preventing your eviction based on your specific circumstances.

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