Newport, NH asked in Landlord - Tenant for New Hampshire

Q: We lost an eviction hearing and were given a 90 day discretionary stay. During the discretionary stay order the neighbor

Kids tested positive for high levels of lead. We have made all payments for the stay and the landlord had granted us stay in the apt since we have been on time with the rent payments. However now the property needs to be lead abated and us relocated. He's telling us he's going to take it off the rental market. He also had us fill out forms so he could apply for state funding for the abatement. Our discretionary stay order is up on the 25th this month. What are our options and can he legally evict us given the current situation?

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

A: In New Hampshire, landlords have an obligation to provide habitable premises, and the presence of high lead levels could violate this. If the property needs lead abatement and you must be relocated, the landlord's duty to provide habitable housing remains, regardless of your eviction status. If the landlord intends to take the property off the rental market, it may affect his obligations to you. Having you fill out forms for state funding suggests he acknowledges the need for remediation. Given the circumstances and the nearing end of your discretionary stay, you should consider negotiating a new agreement with the landlord or seeking legal counsel to understand your rights. It's crucial to act promptly and be well-informed about both your rights and responsibilities in this situation.

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