What qualifies as an emergency repair?

Understanding Emergency Repairs in New Hampshire Rental Properties

As a tenant in New Hampshire, it is important to know what qualifies as an emergency repair to ensure your living conditions remain safe and habitable, and to understand your rights and responsibilities when such situations arise. Emergency repairs typically require immediate attention to prevent harm to the tenants, property damage, or significant interruption of essential services.

What Is an Emergency Repair in New Hampshire?

In New Hampshire, there is no exhaustive, statutory list explicitly defining every possible emergency repair. However, emergency repairs generally involve situations where a failure or defect threatens health, safety, or security, or causes substantial property damage. The New Hampshire Tenancy laws imply that landlords must maintain a fit and habitable premises, addressing urgent problems promptly.

Common Examples of Emergency Repairs

The following issues typically qualify as emergency repairs because they affect safety, security, or basic habitability:

• Loss of Heat or Hot Water in Cold Weather

In winter months, when heat is essential, a failure of the heating system is an emergency that requires immediate repair to prevent unsafe living conditions.

• Lack of Running Water or Water Supply

Interruptions to the water supply, especially when no alternative means of obtaining water exist, constitute an emergency repair scenario.

• Gas Leaks or Strong Odors of Gas

Any suspected gas leak creates an immediate risk of explosion or poisoning and must be resolved without delay.

• Electrical System Failures

Complete loss of electrical power, exposed or faulty wiring posing fire risks, and other hazardous electrical conditions demand urgent intervention.

• Sewage Backup or Plumbing Failure

Raw sewage inside the rental unit or severe plumbing malfunctions impair sanitation and require swift repair.

• Structural Damages Affecting Safety

Sudden collapse, broken windows or doors compromising security, or significant roof leaks exposing residents to dangers are considered emergencies.

• Fire or Water Damage Requiring Immediate Attention

Damage caused by fire, flooding, or storms that renders the unit unsafe or uninhabitable needs prompt repair to prevent further harm.

• Elevator Malfunction, if Applicable

In buildings with elevators, malfunctioning that traps residents or impedes accessibility might be an emergency if it affects safety.

Tenant Responsibilities During Emergencies

When an emergency repair is necessary, New Hampshire tenants should:

• Notify the Landlord Immediately:

Prompt communication with the landlord or property manager is critical. Report the problem as soon as it occurs or is discovered, preferably in writing (email or text) to create a record.

• Take Reasonable Steps to Minimize Damage:

If safe and feasible, take temporary actions to prevent further harm, such as shutting off water valves or using portable heaters.

• Allow Access for Repairs:

The landlord is entitled to enter the rental unit to make emergency repairs, with reasonable notice. In an emergency, the landlord may enter without prior notice to address the issue.

Landlord’s Duty to Repair

Under New Hampshire law, landlords must:

• Act Promptly to Address Emergencies:

Once informed, landlords have a duty to repair emergency issues without unnecessary delay to restore safe living conditions.

• Maintain Essential Services:

Systems such as heat, water, electricity, and plumbing must be kept in good working order except in cases caused by tenant neglect.

• Provide Alternative Accommodations if Necessary:

If an emergency repair renders the rental uninhabitable, landlords should assist in arranging temporary housing or rental adjustments, subject to lease terms.

Handling Non-Emergency Repairs

If the repair is not an emergency but affects habitability—such as minor leaks, broken appliances, or cosmetic issues—landlords are still responsible for repairs, but these typically do not require immediate attention. Tenants should report non-emergencies and allow reasonable time for the landlord to make repairs.

What if the Landlord Fails to Act?

If the landlord neglects to address an emergency repair after timely notice:

• Tenants may contact local housing authorities or the New Hampshire Department of Environmental Services for assistance.
• In some cases, tenants may have the right to withhold rent, arrange repairs and deduct costs from rent (also known as "repair and deduct"), or even terminate the lease if the issue severely impacts habitability. It is advisable to seek legal counsel for guidance in such situations.

Summary

In New Hampshire, emergency repairs are those that impact health, safety, or essential living conditions and require immediate attention. Common examples include loss of heat in cold weather, water or gas leaks, electrical hazards, sewage backups, and structural dangers. Tenants must promptly notify landlords and allow access for repairs, while landlords are legally obligated to address such issues promptly. Understanding what constitutes an emergency repair can help tenants protect their rights and maintain safe housing conditions.

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By staying informed about your responsibilities and your landlord’s duties concerning emergency repairs, you can ensure a safe and comfortable rental experience in New Hampshire.