With winter nearing, it’s essential to be aware of common misunderstandings surrounding Landlord-Tenant law. Whether you’re a landlord or a tenant in New Hampshire, don’t let these myths fool you, especially if a dispute arises.

Misunderstanding #1: Evictions are “Seasonal”

A common misconception is that landlords cannot proceed with evictions during the winter months. There is no New Hampshire law preventing landlords from initiating eviction actions at any specific time of the year, including during the winter.

The legal grounds for terminating a tenancy are consistent throughout the year and may include:

• Nonpayment of rent;
• Substantial damage to the premises by tenants or guests;
• Failure by tenant to comply with material terms of lease;
• Behavior of tenant or family members which adversely affects the health or safety of the other tenants or landlord;
• Premises contains a lead exposure hazard that the landlord will abate;
• Willful failure of tenant to prepare premises for remediation of an infestation of insects or rodents after receipt of reasonable written notice of the required preparations; and
• Any other valid cause recognized by New Hampshire state law.

Misunderstanding #2: Landlords Can Cut Off Utilities If Tenants Fall Behind on Rent

Another common but mistaken belief is that a landlord can either shut off or stop paying for essential utilities if a tenant falls behind on rent. If the lease agreement requires the landlord to provide certain utilities, such as heat, water, sewer, internet, or even cable, the landlord must continue to pay those bills regardless of a tenant’s failure to pay rent. Shutting off or failing to pay for the utilities violates the lease and opens the landlord up to legal action. Tenants can file a 540-A action against the landlord for discontinuing utilities, which could lead to the landlord being required to pay damages.

Know Your Rights

Both landlords and tenants need to understand their rights and obligations, especially during the winter months when tenancy misunderstandings are more likely to arise. Evictions can proceed year-round, and landlords must continue to provide agreed-upon utilities, no matter the tenant’s payment status.

About Wescott Law

The experienced attorneys at Wescott Law have the knowledge and experience to guide you through the coldest of landlord-tenant disputes. Contact Wescott Law at info@wescottlawnh.com or (603) 524-2166 to schedule a consultation.