Can landlords evict tenants for complaints or retaliation?

Evictions and Retaliation Protections for Tenants in New Hampshire

In New Hampshire, tenants have specific protections under state law that prevent landlords from evicting tenants as a form of retaliation or for making complaints about their rental property. Understanding these rights is essential for tenants who want to ensure they are treated fairly and lawfully.

Retaliatory Evictions: What Tenants Need to Know

A retaliatory eviction occurs when a landlord tries to evict a tenant primarily because the tenant exercised a legal right or complained about conditions in the rental unit. Under New Hampshire law, landlords cannot use eviction as a means to punish tenants for such actions.

When Retaliation Applies

Landlords are prohibited from evicting tenants for reasons including but not limited to:

• Complaints made to a government agency about unsafe or unsanitary housing conditions.
• Complaints regarding violations of the rental agreement.
• Organizing or joining a tenants’ union.
• Reporting violations of housing laws.
• Exercising any other legal rights afforded to tenants under New Hampshire law.

Legal Framework in New Hampshire

While New Hampshire does not have a single, codified "anti-retaliation statute," protection against retaliatory eviction is typically derived from common law principles and statutory references, such as those governing eviction procedures and landlord-tenant relationships, including:

• RSA 540, which governs eviction complaints and procedures.
• Implied warranties of habitability found in New Hampshire landlord-tenant law.
• Case law that recognizes retaliation as an improper motive for eviction and allows tenants to defend against evictions that are retaliatory in nature.

What Constitutes Retaliation?

Some examples of retaliatory eviction attempts by landlords include:

• Raising rent or decreasing services shortly after a tenant files a complaint about health or safety violations.
• Issuing eviction notices soon after a tenant requests essential repairs.
• Evicting a tenant who has reported the landlord to housing authorities or attended a housing code enforcement hearing.

Tenant Protections and Remedies

If a tenant in New Hampshire believes they are facing retaliation, they may have several options:

• Defend Against Eviction: A tenant served with an eviction notice in retaliation may raise the issue as a defense in court, arguing that the eviction is unlawful.
• File a Complaint: Tenants can report retaliatory behavior to local housing authorities or seek legal assistance.
• Seek Legal Counsel: Consulting housing attorneys or tenant advocacy organizations can help tenants navigate their rights and potential remedies in court.

Reporting Complaints and Protections

Tenants are encouraged to document all complaints and communications with landlords. Keeping a record will assist in proving a retaliatory motive if an eviction is issued after a complaint. Tenants should:

• Submit complaints in writing, describing the issue clearly.
• Keep copies of all correspondence with landlords and government agencies.
• Take photographs or obtain inspection reports if possible.

Steps for Tenants Facing Possible Retaliation

1. Review the Eviction Notice Carefully: Confirm the stated reason for eviction and the timeline.
2. Document Your Past Complaints/Requests: Compile evidence that you made legitimate complaints or exercised your rights.
3. Contact Local Tenant Resources: Reach out to New Hampshire tenant organizations or legal aid for guidance.
4. Respond in Court: Attend the eviction hearing and present your defense regarding retaliation, ensuring you meet all deadlines.

Conclusion

In New Hampshire, tenants are protected from eviction motivated by retaliation, such as complaints about housing conditions or other lawful advocacy activities. Landlords must follow proper legal procedures and cannot evict a tenant simply because they exercised their legal rights or reported issues. Tenants facing eviction under suspicious circumstances should gather evidence, seek appropriate assistance, and assert their rights to maintain housing security.