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New Hampshire Landlord - Tenant Questions & Answers
2 Answers | Asked in Landlord - Tenant, Contracts and Real Estate Law for New Hampshire on
Q: Accidentally signed a lease renewal, can it be invalidated?

I accidentally signed a lease renewal form yesterday, but the property manager hasn't signed it yet. I had two more days to decide before signing. I've communicated with the property manager, but there has been no response. I'm considering relocation and am concerned about the lease.... View More

Tim Akpinar
Tim Akpinar
answered on Jul 2, 2025

Speak with the property manager. Hopefully they are sympathetic, and that could be the most economical route without involving attorneys. Accident signing is not generally a recognized defense in contract law. If unable to resolve, reach out to a landlord-tenant attorney to discuss in further... View More

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1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: I paid all past dues before a Writ of Possession, but lessor is refusing to notify the court?Is this not correct of them

I have asked multiple times for them to submit a receipt of payment and dismissal but they are not doing this. I have also paid to terminate the lease as well which I am unsure I needed to do. Additionally, I am read under NH law under “agreements” of which we made and I have on record via... View More

James L. Arrasmith
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answered on Apr 16, 2024

It sounds like you're in a frustrating situation, having fulfilled your financial obligations and still facing challenges with your lessor. If you've paid all past dues and even the cost to terminate the lease, you should expect that these actions be acknowledged and appropriately... View More

1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: If the clerk issues me a premature Writ of possession in an eviction case still on appeal, should I enforce it?

What happens if I do or don’t?

James L. Arrasmith
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answered on Mar 31, 2024

I would strongly advise against enforcing a premature Writ of Possession while an eviction case is still pending on appeal. Here's why:

If you enforce the Writ prematurely and the tenant ultimately prevails on appeal, you could be liable for damages for wrongful eviction. This could... View More

1 Answer | Asked in Landlord - Tenant for New Hampshire on
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.... View More

James L. Arrasmith
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answered on Mar 30, 2024

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... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for New Hampshire on
Q: Can the clerk issue a writ of possession for a landlord who was only granted Recovery of Rent?

The Supreme Court only allowed rent recovery and the eviction still pending. I don’t know if the clerk should get the Writ signed by the judge or not.

James L. Arrasmith
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answered on Mar 2, 2024

Based on the limited details provided, it does not seem appropriate for the clerk to issue a writ of possession if the court only granted a judgment for recovery of rent and the eviction case is still pending.

Typically, a writ of possession is an order directed to the sheriff to remove... View More

1 Answer | Asked in Divorce, Collections, Landlord - Tenant, Family Law and Real Estate Law for New Hampshire on
Q: Can I enforce a divorce decree for a utility bill not transferred as agreed?

After my divorce, my ex-husband was supposed to transfer a utility bill into his name. Almost three years later, I discovered he hadn't done this. Instead, he changed the account communications to his information to prevent me from finding out. Recently, a collection agency informed me he... View More

James L. Arrasmith
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answered on Nov 8, 2025

You can hold your ex accountable if the decree assigned debts by party or contains an indemnity clause; in that case you file a Motion to Enforce and for Contempt in the Family Division that issued your divorce, attaching the utility records and collection notice. If the decree is silent about this... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for New Hampshire on
Q: Should a subtenant split utilities with the tenant or landlord?

I'm currently a subtenant and a bit confused about splitting the cost of utilities. In the main lease, it states utilities are split 50/50 between the landlord and the tenant. However, my subletting agreement mentions that I, as the subtenant, must pay my share of the utilities, either 1/2 or... View More

James L. Arrasmith
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answered on Oct 31, 2025

In your situation, the person you should be splitting utilities with depends on who you have a direct agreement with. Since you are a **subtenant**, your agreement is with the **tenant**, not the landlord. The main lease terms between the landlord and tenant—such as their 50/50 split of... View More

1 Answer | Asked in Business Law, Contracts, Civil Litigation, Landlord - Tenant and Real Estate Law for New Hampshire on
Q: Can I challenge a coerced settlement agreement after closing on house?

I am being coerced into signing a one-sided global settlement agreement with unfair provisions to close on my house on 10/24. The park is supposed to buy my house as part of the settlement, but they refuse to accept any of my provisions related to health issues and harassment by park employees, and... View More

James L. Arrasmith
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answered on Oct 21, 2025

If you’re being pressured into signing an agreement you believe is unfair, you still have options after closing. A settlement agreement signed under coercion, duress, or fraud may be challenged in court, but it requires showing clear evidence that you were forced or manipulated into signing... View More

1 Answer | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for New Hampshire on
Q: Persistent mole issue in apartment basement since 2016 unresolved, landlord neglect.

Since 2016 or 2017, there has been a persistent mole problem in the basement of my brother's apartment building, which is managed by a property manager hired by his landlord. Despite notifying the property manager, nothing has been done to resolve the issue. In 2023, the town and fire... View More

James L. Arrasmith
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answered on Oct 2, 2025

Your brother has the right to live in a safe and habitable home, and a long-standing pest issue falls under the landlord’s responsibility to address. Since the property manager and landlord have failed to take action despite years of notice, this may be considered neglect of their duty to... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Hampshire on
Q: Can I collect advanced rent in addition to a security deposit in NH?

I am moving and renting out my single-family home for a year with a one-year lease in New Hampshire. I understand that the security deposit amount is equal to one month's rent. In addition to the security deposit, can I collect 45 days' rent or 2 months' rent as advanced rent at the... View More

James L. Arrasmith
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answered on Sep 18, 2025

Yes, in New Hampshire, you can collect rent in advance in addition to a security deposit, as long as it is clearly stated in your lease agreement. The security deposit is limited by law to one month’s rent, but advanced rent is considered a separate payment for future occupancy. Collecting 45... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury and Real Estate Law for New Hampshire on
Q: Persistent leak causing mold, landlord won't fix, keeps raising rent - legal options?

I have a persistent leak in my apartment that has caused severe black mold in the bathroom and has not been addressed by the landlord despite my verbal complaints over the past two years. The leak originates from the upstairs bathroom and affects the ceiling downstairs. Additionally, the landlord... View More

James L. Arrasmith
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answered on Sep 14, 2025

Start by documenting the issue thoroughly. Take photos and videos of the leak and mold, and keep copies of any communications with your landlord, including texts, emails, and written complaints. Written evidence is crucial if legal action becomes necessary.

Next, check your state and local... View More

1 Answer | Asked in Landlord - Tenant, Domestic Violence and Real Estate Law for New Hampshire on
Q: Can I be evicted from NH campground without warnings?

I am a seasonal camper at a New Hampshire campground and have been staying here since April 2025. Recently, I've been told to leave within seven days without any prior verbal or written warnings, as per their policy which states that there should be two warnings before an eviction on the third... View More

James L. Arrasmith
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answered on Sep 2, 2025

Campground evictions can be tricky because they often depend on the campground’s own policies as well as state landlord-tenant laws. If your agreement specifically says that two warnings must be given before an eviction, then management should be expected to follow those terms. Being told to... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Hampshire on
Q: Help prevent eviction due to unreasonable demands in NH.

My friend is facing potential eviction from her leased house in New Hampshire due to her landlord's demand to have an electrician check the outlets and wiring. The landlord requires that all furniture be moved so that nothing is within 3 feet of any outlet or light switch, which is challenging... View More

James L. Arrasmith
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answered on Aug 29, 2025

In New Hampshire, a landlord cannot evict a tenant without following the procedures outlined in RSA 540. Eviction must be based on legal grounds, such as nonpayment of rent, substantial lease violations, or certain health and safety concerns. Demanding that all furniture be three feet away from... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation, Arbitration / Mediation Law, Personal Injury and Real Estate Law for New Hampshire on
Q: Can I seek compensation for psychological damages after HUD complaint and eviction threat?

I reported my housing authority to HUD because they served us with a demand for rent alleging we owed double the amount stated on our demand notice, and during recertification, they miscalculated our rent by over $1000 monthly. They refused mediation, leading me to contact HUD. Despite having 14... View More

James L. Arrasmith
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answered on Jul 27, 2025

What you’re going through is heartbreaking, and no one should be made to feel so unsafe in their own home—especially after 20 years of stable housing. If your housing authority made major errors in calculating your rent and then ignored your efforts to resolve the issue, that’s not just... View More

1 Answer | Asked in Landlord - Tenant, Employment Law, Elder Law and Real Estate Law for New Hampshire on
Q: Rent increase in 55+ mobile home park; what can we do?

I live in a 55+ mobile home park where the owner is increasing the park rent by $210, following a $126 increase last year. Most residents, including myself, are on fixed incomes. While there has been a formal notice issued about the rent increase, many residents have complained. I'm not... View More

James L. Arrasmith
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answered on Jul 10, 2025

You're not alone in feeling overwhelmed by such a steep rent increase, especially on a fixed income. In mobile home parks—particularly in 55+ communities—rent hikes like this can feel sudden and unfair. Your first step should be to review your lease agreement to see what it says about how... View More

1 Answer | Asked in Landlord - Tenant, Civil Rights, Civil Litigation and Real Estate Law for New Hampshire on
Q: Legal options for prosecuting both landlord and police department for misconduct in Salem, NH, seeking maximum monetary settlement for damages.

I am facing unresolved and escalating issues with landlord misconduct and municipal inaction in Salem, New Hampshire. These issues include retaliatory eviction, unlawful entry, a rent increase from $1,100 to $1,350 without privacy, sole responsibility for utilities, and theft of personal property.... View More

James L. Arrasmith
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answered on Jun 25, 2025

You have powerful grounds to pursue legal action against both your landlord and the Salem Police Department, given the volume of documented misconduct and the seriousness of your claims. Against the landlord, you may have claims for illegal eviction, violation of New Hampshire tenant rights,... View More

1 Answer | Asked in Landlord - Tenant, Elder Law, Gov & Administrative Law and Real Estate Law for New Hampshire on
Q: Concerns about elder abuse, harassment, and living conditions in an over-55 community's manufactured home park.

I recently purchased a manufactured home in an over-55 community largely occupied by veterans, disabled individuals, and senior citizens living on fixed incomes. The park employees and owners have been treating residents rudely and dismissively, encouraging elderly residents aged 80–90 to leave... View More

James L. Arrasmith
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answered on Jun 14, 2025

What you’re describing is deeply troubling, and no one—especially elderly or disabled residents—should be forced to live in fear or unsafe conditions. In an over-55 manufactured home community, the management still has a legal duty to maintain basic living standards, follow notice... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Hampshire on
Q: How can I address my landlord's complaint about second-hand smoke at times I'm not awake?

I have recently received two letters from my landlord accusing me of interfering with the comfort of other residents due to second-hand smoke, which is allegedly violating the lease. However, I do not live in a smoke-free building, and the complaint mentions that the smoke occurs late at night and... View More

James L. Arrasmith
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answered on Jun 12, 2025

Your written response to your landlord should be factual, professional, and demonstrate your good faith efforts to address the concern while maintaining your innocence regarding the specific times mentioned. Start by acknowledging receipt of the complaints and expressing your commitment to being a... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for New Hampshire on
Q: Legal responsibility for returning security deposit with amended lease in NH?

I rent out an apartment in New Hampshire. The original lease was signed by three adult tenants, who collectively paid a single security deposit split among them. Over time, two of the tenants moved out, leaving one remaining. I offered to return the original security deposit in the same manner I... View More

James L. Arrasmith
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answered on Jun 12, 2025

Under New Hampshire law, you are legally responsible for returning the original security deposit to the people who paid it, regardless of the amended lease. When a security deposit is paid by multiple tenants jointly, they each retain their proportional interest in that deposit even after tenants... View More

1 Answer | Asked in Landlord - Tenant, Civil Rights, Civil Litigation and Real Estate Law for New Hampshire on
Q: Can I sue landlord for emotional trauma due to harassment in NH?

I have been dealing with a neighbor who, with the landlord's permission, uses surveillance cameras to stalk me. This situation has been ongoing since April 2022, causing me significant emotional trauma because I suffer from agoraphobia, depression, and anxiety disorders. Despite my pleas to... View More

James L. Arrasmith
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answered on Jun 12, 2025

You have strong grounds to pursue legal action against your landlord for emotional distress based on your situation involving surveillance and harassment. Emotional distress claims against landlords are possible when their actions are extreme, intentional, and cause severe harm that disrupts daily... View More

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