Can a tenant withhold rent for repairs in New Hampshire?

In New Hampshire, a landlord cannot evict for nonpayment of rent while the unit is in substantial violation of health and safety fitness standards that materially affects habitability, if the tenant, while not behind on rent, gave notice of the violation and the landlord did not correct it within 14 days, and the tenant then pays the withheld rent into court. The tenant must prove by clear and convincing evidence that the notice was given, while not in arrears, to the person to whom rent is customarily paid; in an emergency the landlord must correct the violation as promptly as conditions require. The fitness standards are those in RSA 48-A or in local codes, ordinances or bylaws adopted under it. The defense is not available if the violation was caused by the tenant, a family member or another person on the premises with the tenant’s consent, or if repairs were prevented by extreme weather or by the tenant’s failure to allow reasonable access. When the defense is raised, the court may continue the case for up to one month so the landlord can remedy the violation and requires the tenant to pay into court any rent withheld and rent as it comes due. If the violation is remedied in that time, the court dismisses the eviction and either awards the rent to the landlord or pays the landlord the fair rental value of the defective unit and gives the rest to the tenant as damages for breach of the warranty of habitability; if it is not remedied, the court enters judgment for the tenant and refunds all money deposited. The section does not cover premises rented for vacation or recreation. Repair-and-deduct is a different remedy with its own rules. This is RSA 540:13-d.

WhatNew Hampshire
Rent withholdingWithhold after 14 days’ notice; pay into court if sued
How it worksThe tenant may withhold rent after the required notice

What the statute says

“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 …”

Quoted word for word from the section’s text.

Source

RSA 540:13-d

Read the statute in the New Hampshire Revised Statutes (General Court of New Hampshire): gencourt.state.nh.us.

Checked against the statute on November 15, 2026.

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

How Seayora uses this rule

Every deadline on this page runs from the tenant’s notice. A repair request filed in Seayora keeps the date it was made and every update after it, on the website and both phone apps, so owner and tenant are working from the same date.

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