Landlord Entry Notice Requirements in New Hampshire
At a glance
| Governing law | RSA 540-A:3 ('Certain Specific Acts Prohibited'), part of RSA chapter 540-A (Prohibited Practices and Security Deposits), enforced through RSA 540-A:4. New Hampshire has no URLTA-style access section; entry is regulated as a prohibited practice. The core rule (RSA 540-A:3, V-d) is a closed one: 'Notwithstanding any other provision of this chapter, a landlord may only enter a tenant's dwelling unit without the consent of the tenant' (a) 'to make emergency repairs' or (b) with a court order under RSA 540-A:4 |
|---|---|
| Advance notice required | No fixed general number. The standard is consent after 'notice which is adequate under the circumstances' at a reasonable time (RSA 540-A:3, V). The separate bedbug-evaluation route requires 48 hours' written notice after an adjacent, above, or below unit reports an infestation (V-b(b)) |
| Reasons a landlord may enter | With consent, the ordinary purposes of the tenancy. Without consent, the statute allows entry only for 'necessary repairs' or 'other reasonable and lawful functions commonly associated with the ownership of rental property' after adequate notice (RSA 540-A:3, V), for emergency repairs (RSA 540-A:3, IV and IV-a, which include evaluating or remediating a rodent/insect/bedbug infestation), and to evaluate for bedbugs after an adjacent-unit report (RSA 540-A:3, V-b). New Hampshire does not use an enumerated inspect/repair/showings list; it uses the broad 'functions commonly associated with ownership' phrase |
| Permitted hours | No statutory clock. Entry for repairs or ownership functions must be 'at a reasonable time' (RSA 540-A:3, V) — a reasonableness standard rather than fixed hours |
| When no notice is needed | A landlord may enter without the tenant's consent only in two situations (RSA 540-A:3, V-d): 'to make emergency repairs pursuant to paragraphs IV and IV-a,' or with 'an order authorizing the entry from a court of competent jurisdiction pursuant to RSA 540-A:4.' Emergency repairs expressly include entering 'to evaluate, formulate a plan for remediation of, or engage in emergency remediation of an infestation of rodents or insects, including bed bugs,' within 72 hours of the landlord's first notice of the infestation (RSA 540-A:3, IV-a) |
| Form and delivery of the notice | For the ordinary repair/ownership entry, the statute requires only 'notice which is adequate under the circumstances' (RSA 540-A:3, V) — it does not prescribe a written form or specific contents for that. The one written-notice requirement is the bedbug-evaluation entry after an adjacent-unit report: the landlord must give '48 hours written notice of his or her need to enter the premises to evaluate whether bed bugs are present' (RSA 540-A:3, V-b(b)) |
| Special rules for showings | None. New Hampshire's entry statute does not separately address showing an occupied unit to buyers or new tenants; a landlord who wants to show the unit needs the tenant's consent after adequate notice (or a court order if the tenant refuses), the same as any other non-emergency entry. See the advance-notice row |
| Tenant's remedies for unlawful entry | Strong. A tenant may petition the district or superior court for relief from a violation of RSA 540-A:3 — no filing fee, and the tenant may proceed without a lawyer (RSA 540-A:4, II-III) — and the court may order the conduct stopped and award damages (RSA 540-A:4, VII). A landlord who violates any provision of RSA 540-A:3 (including willfully entering without consent) 'shall be subject to the civil remedies set forth in RSA 358-A:10 ... including costs and reasonable attorney's fees' (RSA 540-A:4, IX(a)): under RSA 358-A:10, I, that is 'actual damages or $1,000, whichever is greater,' rising to 'as much as 3 times, but not less than 2 times' for a willful or knowing violation, plus costs and reasonable attorney's fees. A landlord also may not bring a retaliatory possessory action against a tenant who proves a RSA 540-A:3 violation, for six months (RSA 540-A:4, XI) |
Requirements one by one
Advance notice required
RSA 540-A:3, V says a tenant may not willfully refuse necessary repairs or other reasonable and lawful ownership functions "at a reasonable time after notice which is adequate under the circumstances." The statute gives no numeric general period. A separate neighboring- unit bedbug evaluation requires "48 hours written notice" under paragraph V-b(b).
Reasons a landlord may enter
For ordinary access, paragraph V covers necessary repairs and other reasonable and lawful functions commonly associated with rental-property ownership. Paragraph V-d limits entry without consent to emergency repairs or a court order under RSA 540-A:4.
Permitted hours
Ordinary access must occur "at a reasonable time" under RSA 540-A:3, V. The statute states no fixed clock.
When no notice is needed
Paragraph IV permits emergency repairs without prior consent. Paragraph IV-a includes infestation evaluation, planning, or emergency remediation within 72 hours after the landlord first receives notice. Outside emergency repairs, no-consent entry requires a court order under paragraph V-d.
Tenant's remedies for unlawful entry
RSA 540-A:4, IX(a) sends violations of RSA 540-A:3 to the civil remedies in RSA 358-A:10, including costs and reasonable attorney's fees. RSA 358-A:10 provides actual damages or $1,000, whichever is greater, and enhanced damages for a willful or knowing violation. RSA 540-A:4, IX(c)-(d) excludes good-faith petitions testing an entry request and the listed infestation paragraphs from that incorporated remedy.
What trips people up
The ordinary rule regulates both sides: the landlord needs consent, while the tenant may not willfully refuse a reasonable and lawful request after adequate notice. If consent is withheld, paragraph V-d makes a court order—not self-help entry—the non-emergency route.
Common questions
Must ordinary notice be written? RSA 540-A:3, V requires adequate notice but does not prescribe writing. Paragraph V-b(b) expressly requires writing for the neighboring-unit bedbug evaluation.
Can a tenant file without a lawyer or filing fee? Yes. RSA 540-A:4, III says no filing fee is charged for the petition and the plaintiff may proceed without legal counsel.
Does every infestation-related dispute receive the incorporated damages remedy? No. RSA 540-A:4, IX(d) excludes violations of paragraphs V-a, V-b, and V-c from the remedy incorporated by IX(a).
Statutes and sources
- RSA 540-A:3 — "No tenant shall willfully refuse the landlord access" for necessary repairs or reasonable and lawful ownership functions "at a reasonable time after notice which is adequate under the circumstances." Paragraph V-d limits no-consent entry to emergency repairs or a court order. https://gc.nh.gov/rsa/html/LV/540-A/540-A-3.htm (accessed 2026-08-17)
- RSA 540-A:4 — a violating landlord or tenant is subject to the incorporated RSA 358-A:10 remedies under paragraph IX(a), subject to the exceptions in IX(c)-(d); paragraph III waives the filing fee and permits proceeding without counsel. https://gc.nh.gov/rsa/html/LV/540-A/540-A-4.htm (accessed 2026-08-17)
- RSA 358-A:10 — recovery is "actual damages or $1,000, whichever is greater," with enhanced damages for willful or knowing violations, plus costs and reasonable attorney's fees. https://gc.nh.gov/rsa/html/XXXI/358-A/358-A-10.htm (accessed 2026-08-17)
Source links
Every statute quoted above, linked, with the date we checked it.
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