N.H. Rev. Stat. Ann. § 540: § 540:13-d
Defenses to Violations of Fitness.
Operative Text
I. No action for possession based on nonpayment of rent shall be maintained in regard to any premises leased or rented for residential purposes, other than for vacation or recreation, if such premises are in substantial violation of the standards of fitness for health and safety set forth in RSA 48-A or in local codes, ordinances or bylaws established pursuant thereto, and such violation materially affects the habitability of said premises, provided that: (a) The tenant proves by clear and convincing evidence that, while not in arrears in rent, he provided notice of the violation to the person to whom he customarily pays rent; and (b) The landlord failed to correct the violations within 14 days of the receipt of such written notice or, in an emergency, as promptly as conditions require; and (c) The violations were not caused by the tenant, a member of the tenant's family or other person on the premises with the tenant's consent; and (d) Necessary repairs have not been prevented due to extreme weather conditions or due to the failure of the tenant to allow the landlord reasonable access to the premises. II. If a defendant raises a defense provided in paragraph I of this section, the court may order the action continued for a reasonable time not to exceed one month to enable the plaintiff to remedy the violation. At the time such continuance is ordered, the court shall require the person claiming a defense under this section to pay into court any rent withheld or becoming due thereafter as it becomes due. Upon a finding by the court that the violation has been remedied within the continuance period, the court shall dismiss the possessory action and either award the withheld rent money to the plaintiff or apportion the rent paid into court by paying to the plaintiff the fair rental value of the premises while in the substantially defective condition and by awarding the remainder of said funds to the defendant as damages for plaintiff's breach of his warranty of habitability. If the violation has not been remedied within such period, the court shall enter judgment for the defendant and refund to the defendant all money deposited.
Under N.H. Rev. Stat. Ann. § 540:13-d, a landlord cannot successfully pursue an eviction for nonpayment of rent if the rental property has serious health and safety violations that substantially affect its habitability. This defense is available when the tenant gave written notice of the problem while current on rent, the landlord failed to fix the issue within 14 days (or sooner in an emergency), and the tenant did not cause the violations or block repair access. Courts handling such cases may pause the eviction for up to one month to allow repairs, require the tenant to deposit withheld rent with the court, and then either dismiss the case or award damages depending on whether the landlord remedied the violations in time.
Plain English — not legal advice.
Property owners and managers subject to N.H. Rev. Stat. Ann. § 540:13-d generally maintain residential units in compliance with the health and safety standards referenced in RSA 48-A and applicable local codes, so that habitability defenses cannot be raised against eviction actions. Compliant operators typically document all tenant repair notices, respond to written complaints within 14 days, and treat emergency conditions with immediate attention. Keeping clear records of repair requests, completion dates, and any access issues caused by the tenant helps demonstrate that the conditions of § 540:13-d have been met.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.H. Rev. Stat. Ann. § 540:13-d provides tenants with a potential defense against eviction for nonpayment of rent when the rental unit has serious habitability violations that the landlord failed to fix after proper written notice. To preserve this defense, tenants generally need to have been current on rent at the time notice was given, and the violations must not have been caused by the tenant or anyone in the household. Tenants facing eviction who believe this provision applies to their situation may consider consulting a tenant-rights organization or legal aid office, and should be aware that courts can require depositing withheld rent into court while the case proceeds.
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
References In
Rules and statutes that cite this regulation