New Hampshire Statewide Rule
New Hampshire Implied Warranty of Habitability (Kline v. Burns; RSA 48-A)
Key Facts
- Source of warranty
- Kline v. Burns, 111 N.H. 87 (1971)
- Code enforcement
- RSA chapter 48-A housing standards
- Standard
- Safe, sanitary, fit for human habitation
- Rent-withholding defense
- RSA 540:13-d (written notice + 14-day cure)
Summary
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.
The premises do not have heating facilities that are properly installed, safely maintained and in good working condition, or are not capable of safely and adequately heating all habitable rooms, bathrooms and toilet rooms located therein, to a temperature of at least an average of 65 degrees F.; or, when the landlord supplies heat in consideration for the rent, the premises are not actually maintained at a minimum average room temperature of 65 degrees F. in all habitable rooms.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
Does New Hampshire require rentals to be habitable?
What can a New Hampshire tenant do about an unsafe rental?
Sources
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