New Hampshire recognizes an implied warranty of habitability in every residential lease under Kline v. Burns, 111 N.H. 87 (1971). RSA chapter 48-A backs this with housing standards and code enforcement, requiring that rental dwellings be safe and fit for human habitation throughout the tenancy.
There is no single habitability statute; the warranty comes from case law. In Kline v. Burns, 111 N.H. 87 (1971), the New Hampshire Supreme Court held that every residential lease, written or oral, carries an implied warranty that the dwelling is habitable and fit for living. The court relied on RSA chapter 48-A, noting the legislature has recognized "that the public welfare requires that dwellings offered for rental be... in a safe condition and fit for human habitation." RSA 48-A authorizes local housing standards, repair, and enforcement of unfit dwellings. A breach requires a condition that renders the premises unsafe or unsanitary. To preserve the RSA 540:13-d rent-withholding defense, a tenant must give written notice and allow 14 days to cure.
No fixed statutory fine. A tenant may withhold rent under RSA 540:13-d after written notice and a 14-day cure period, raise breach as an eviction defense, sue for damages or rent abatement, and report violations to local code enforcement under RSA 48-A.
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