Generally, landlords in New Hampshire cannot enter a tenant’s residential premises without the tenant’s permission. The only exception is during an emergency or to make repairs, provided that the landlord provides the tenant with reasonable notice in advance. State law requires landlords to provide their tenants with written notice at least 24 hours before entering the premises. Landlords must also obtain the tenant’s consent before entering. If a landlord needs to inspect the premises for repairs, they must notify the tenant in writing at least 24 hours in advance.
Landlord’s Right to Enter
In New Hampshire, landlords have the right to enter a rented property without the tenant’s permission in limited circumstances, as specified by state law. These circumstances include:
- To inspect the property for damages, repairs, or maintenance issues.
- To show the property to prospective tenants or buyers.
- To make repairs or renovations to the property.
- To address an emergency situation, such as a fire or flood.
- To comply with a court order or other legal requirement.
Notice Requirements
Before entering a rented property, landlords must provide the tenant with reasonable notice, either in writing or orally. The notice must include the following information:
- The date and time of the entry.
- The purpose of the entry.
- The name of the person who will be entering the property.
The amount of notice required varies depending on the circumstances. For routine inspections, landlords must provide at least 24 hours’ notice. For emergencies, landlords may enter the property without notice.
Tenant’s Rights
Tenants have the right to refuse entry to their landlord, except in cases where the landlord has a legal right to enter. If a tenant refuses entry, the landlord may seek a court order to gain access to the property.
Tenants also have the right to be present during any entry by the landlord. The landlord must allow the tenant to be present, unless the entry is for an emergency situation or to comply with a court order.
Table Summarizing Landlord’s Right to Enter
| Circumstances | Notice Required | Tenant’s Rights |
|---|---|---|
| Routine Inspections | 24 hours’ notice | Tenant has the right to be present. |
| Emergencies | No notice required | Tenant has the right to be present, if possible. |
| Repairs or Renovations | Reasonable notice | Tenant has the right to be present. |
| Showing the Property | Reasonable notice | Tenant has the right to refuse entry. |
| Court Order | As specified in the court order | Tenant’s rights may be limited by the court order. |
Tenant’s Right to Privacy
As per New Hampshire’s landlord-tenant law, landlords are required to provide adequate notice before entering a tenant’s rental unit. This is to protect the tenant’s right to privacy and peaceful enjoyment of their home.
Landlord’s Right to Enter
- In Case of Emergency: Landlords may enter without notice if it is an emergency, such as a fire, flood, or gas leak.
- For Repairs and Maintenance: Landlords have the right to enter the rental unit to make repairs and perform routine maintenance. They must give the tenant reasonable advance notice of their intent to enter, usually 24 to 48 hours. However, if the repairs are urgent, the landlord may enter without notice.
- To Show the Unit to Prospective Tenants or Buyers: Landlords can enter the rental unit to show it to prospective tenants or buyers, but they must provide the tenant with reasonable advance notice.
- With Tenant’s Consent: Landlords can enter the rental unit with the tenant’s consent. This could be for various reasons, such as to inspect the property, make repairs, or show the unit to prospective tenants.
What Tenants Can Do
- Provide Permission: Tenants can provide permission to the landlord to enter the rental unit at specific times and for specific purposes.
- Request a Different Time: If the landlord’s proposed time for entry is inconvenient, tenants can request a different time that is more convenient for them.
- Be Present During Entry: Tenants have the right to be present during any entry by the landlord. This is to ensure that the landlord does not enter without permission or cause any damage to the property.
- File a Complaint: If the landlord enters the rental unit without proper notice or without permission, tenants can file a complaint with the local housing authority or take legal action against the landlord.
Summary Table of Landlord and Tenant Rights
| Landlord’s Right | Tenant’s Right |
|---|---|
| Enter in case of emergency | Receive reasonable advance notice of entry |
| Enter for repairs and maintenance | Be present during entry |
| Show the unit to prospective tenants or buyers | Request a different time for entry |
| Enter with tenant’s consent | File a complaint if landlord enters without permission |
Notice Requirement
In New Hampshire, a landlord must give the tenant written notice before entering the rental unit. The notice must state the date and time of the entry, and the reason for the entry. The landlord must also provide the tenant with a copy of the notice.
- Specific Date and Time: The notice must include the specific date and time of the entry.
- Purpose of Entry: The notice must state the purpose of the entry, such as to make repairs, inspect the premises, or show the property to prospective tenants.
- Copy of Notice: The landlord must provide the tenant with a copy of the notice.
The landlord may enter the rental unit without the tenant’s permission in certain emergency situations, such as to prevent damage to the property or to protect the health or safety of the occupants.
| Emergency Situations |
|---|
| To prevent damage to the property |
| To protect the health or safety of the occupants |
Emergency Situations
New Hampshire law allows landlords to enter a rental unit without permission in emergency situations, even if the tenant is not present. These situations include:
- To prevent or mitigate imminent danger to the health or safety of an occupant or other person, or to prevent or mitigate substantial damage to the property.
- To make repairs or improvements that cannot be made safely or effectively while the tenant is present.
- To comply with a court order, administrative order, or other legal requirement.
Landlords must give tenants reasonable notice of their intent to enter the property, unless they are responding to an emergency. Reasonable notice is typically considered to be at least 24 hours, but it may be shorter in some cases, such as when the landlord needs to enter the property to prevent or mitigate imminent danger.
If a landlord enters the property without permission in an emergency situation, they must take reasonable steps to minimize the intrusion on the tenant’s privacy and to avoid causing damage to the property.
Tenants who believe that their landlord has entered their property illegally can file a complaint with the local police department or the New Hampshire Department of Justice.
| Situation | Notice Required | Landlord’s Duties |
|---|---|---|
| To prevent or mitigate imminent danger | None | Must take reasonable steps to minimize the intrusion on the tenant’s privacy and to avoid causing damage to the property. |
| To make repairs or improvements | 24 hours | Must take reasonable steps to minimize the intrusion on the tenant’s privacy and to avoid causing damage to the property. |
| To comply with a court order, administrative order, or other legal requirement | As required by the court order, administrative order, or other legal requirement | Must take reasonable steps to minimize the intrusion on the tenant’s privacy and to avoid causing damage to the property. |
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