1. You gave your landlord written notice of the violations while you were not
behind in rent. (Written notice is not an absolute requirement, but is
always a good idea); AND
2. The landlord failed to take corrective action within 14 days of your written
complaint. In an emergency, you may not have to wait 14 days before
you begin withholding. Consult an attorney before you withhold rent in
less than 14 days; AND
3. Your family or guests did not cause the violation; AND
4. Extreme weather conditions did not prevent the repairs; AND
5. You did not refuse to let the landlord into your apartment to make the
repairs.
If your landlord tries to evict you for non-payment and you can prove you
withheld your rent under the above conditions, the Court can postpone the
hearing to give the landlord time to make repairs, and eventually dismiss the
eviction.
TENANT PROTECTIONS
It is against the law (RSA 540-A) for a landlord to:
1. Shut off your utilities;
2. Lock you out of your rented premises without a court order;
3. Enter your residence without permission, except to make emergency
repairs.(You should not refuse your landlord’s reasonable request to enter
with enough notice);
4. Take any other action to force you out of your home without going
through the eviction process.