What are a tenant’s rights if their landlord fails to make repairs?

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What are a tenant’s rights if their landlord fails to make repairs?

I have been renting a residence for 7 months. Prior to lease signing and after moving in, the landlord was supplied with a list of repairs needed. This list had been agreed upon and some items are in fact against code. On the 3rd I expressed my concerns to the landlord and explained my intentions to withhold rent until the repairs where in fact completed. I was up to date on rent and have the rent in a separate account. At this point the landlord, in front of witnesses, stated she could in fact not afford the time or money needed for these repairs. It is my understanding that in my state, after 14 days of the repairs not being completed I could legally withhold rent. We agreed I would move out end of month. I received an eviction notice on the 14th.14

Asked on June 16, 2012 under Real Estate Law, New Hampshire

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, you are correct that in the state of New Hampshire you are permitted to with hold rent.  BUT, and it is a BIG but, you can only do so after certain other conditions are met, such as that you gave WRITTEN notice of the defense, that the defensets are cosndiered serious, that you rent was current, etc.  Here is a link to help you.  You may want to consult an atorney.  Good luck.

http://www.nhlegalaid.org/node/69


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