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Rent Regulations

N.H. Rev. Stat. Ann. § 540: § 540:13-b

Evidence of Intent to Retaliate.

In Force
Verified 10/20/2026 · Next check 10/27/2026
effective 10/20/2026New HampshireRetaliation Protections

Operative Text

N.H. Rev. Stat. Ann. § 540: § 540:13-b
Unless the court finds that the act of the tenant in making a report or complaint or in initiating an action or in organizing relative to alleged violations by a landlord was primarily intended to prevent any eviction, a rebuttable presumption that such possessory action was in retaliation of the tenant's action shall be created when any possessory action, increase in rent or any substantial alteration in the terms of the tenancy is instituted by a landlord within 6 months after:
I. The landlord received notice of any such alleged violation provided that:
(a) The tenant mailed, gave in hand to, or left at the abode of the landlord notice of the report or complaint of the alleged violation; or
(b) The landlord received notice of the complaint or report from the board, agency or authority; or
II. The landlord completed repairs or otherwise successfully remedied such violation; or
III. The landlord received notice that the tenant had initiated an action pursuant to RSA 540-A; or
IV. The discovery by the landlord of activity protected by RSA 540:13-a, III.
Source: Legislative text reproduced verbatim
Plain English

New Hampshire law under N.H. Rev. Stat. Ann. § 540:13-b establishes a rebuttable presumption of retaliation when a landlord initiates an eviction, raises rent, or substantially changes tenancy terms within six months of certain tenant-protective activities — such as filing a housing complaint, completing repairs related to a violation, or engaging in tenant organizing. This presumption shifts the burden so that the landlord must demonstrate the action was not retaliatory. The presumption does not apply if a court determines the tenant's complaint or action was made primarily to avoid eviction rather than to address a genuine violation.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 20, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under N.H. Rev. Stat. Ann. § 540:13-b should be aware that any possessory action, rent increase, or substantial lease change taken within six months of a tenant complaint, repair completion, or notice of tenant organizing activity may be presumed retaliatory by a court. Compliant operators generally document the independent, non-retaliatory business reasons behind any tenancy changes and maintain records showing that timing is coincidental rather than responsive to protected tenant activity. Keeping thorough records of maintenance histories, rent-setting practices, and lease modification rationales helps demonstrate that actions were taken in the ordinary course of property management.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under N.H. Rev. Stat. Ann. § 540:13-b, tenants who have filed housing complaints, reported violations, initiated actions under RSA 540-A, or participated in tenant organizing may have the benefit of a legal presumption of retaliation if a landlord moves to evict them, raises their rent, or significantly alters their lease terms within six months of those activities. This presumption can be raised as a defense in a possessory action brought by the landlord. Tenants who believe they are experiencing retaliation may consider consulting a tenant-rights organization or legal aid provider to understand how this provision might apply to their circumstances.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 20, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 20, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

N.H. Rev. Stat. Ann. § 540-A
N.H. Rev. Stat. Ann. § 540:13-a

References In

Rules and statutes that cite this regulation

N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:14
N.H. Rev. Stat. Ann. § 540:4
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:5
N.H. Rev. Stat. Ann. § 540:13-d
N.H. Rev. Stat. Ann. § 540:13-a
N.H. Rev. Stat. Ann. § 540:1-b
N.H. Rev. Stat. Ann. § 540:3
N.H. Rev. Stat. Ann. § 540:11-b
N.H. Rev. Stat. Ann. § 540:13-a
N.H. Rev. Stat. Ann. § 540:5
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:1-a
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:20
N.H. Rev. Stat. Ann. § 540:13-a
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:1-a
N.H. Rev. Stat. Ann. § 540:5
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:14
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:9
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:3
N.H. Rev. Stat. Ann. § 540

Related Rules

§ 2A
Reprisal for reporting violations of law, for tenant's union activity, or actions taken pursuant to laws protecting tenants who are victims of domestic violence, rape, sexual assault or stalking; defense; presumption
§ 47a-20
(Formerly Sec. 19-375a). Retaliatory action by landlord prohibited.
§ 47a-20a
Actions deemed not retaliatory.

Source Information

Source:https://gc.nh.gov/rsa/html/LV/540/540-13-b.htm
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