LAWS PROTECTING TENANTS

NH 540:13-a Defense to Retaliation (https://www.gencourt.state.nh.us/rsa/html/lv/540/540-mrg.htm)

Except in cases in which the tenant owes the landlord the equivalent of one week's rent or more, it shall be a defense to any possessory action, as to residential property, that such possessory action was in retaliation for the tenant:

I. Reporting a violation or reporting in good faith what the tenant reasonably believes to be a violation of RSA 540-A or an unreasonable and substantial violation of a regulation or housing code to the landlord or any board, agency or authority having powers of inspection, regulation or enforcement as to the reasonable fitness of said residential property for health or safety;

II. Initiating an action in good faith pursuant to RSA 540-A or availing himself of the procedures of RSA 540:13-d; or

III. Meeting or gathering with other tenants for any lawful purpose.

VT 9 V.S.A § 4465 (https://vtlawhelp.org/vermont-law-on-renting)

"It is unlawful for landlords to retaliate against tenants for getting help from government agencies or joining a tenant’s union by changing the terms of a rental agreement or evicting the tenant."

NH 48-A:14 Minimum Standards (https://www.gencourt.state.nh.us/rsa/html/iii/48-a/48-a-14.htm)

No landlord, as defined by RSA 540-A:1, I, renting or leasing a residential dwelling in a municipality which has not adopted ordinances, codes or bylaws pursuant to this chapter shall maintain those rented premises in a condition in which:

I. The premises are infested by insects and rodents where the landlord is not conducting a periodic inspection and eradication program;

I-a. The premises are infested by bed bugs and the landlord is not conducting a periodic inspection and remediation program. In this paragraph " remediation " means action taken by the landlord that substantially reduces the presence of bed bugs in a dwelling unit for a period of at least 60 days;

II. There is defective internal plumbing or a back-up of sewage caused by a faulty septic or sewage system;

III. There are exposed wires, improper connectors, defective switches or outlets or other conditions which create a danger of electrical shock or fire;

IV. The roof or walls leak consistently;

V. The plaster is falling or has fallen from the walls or ceilings;

VI. The floors, walls or ceilings contain substantial holes that seriously reduce their function or render them dangerous to the inhabitants;

VII. The porches, stairs or railings are not structurally sound;

VIII. There is an accumulation of garbage or rubbish in common areas resulting from the failure of the landlord to remove or provide a sufficient number of receptacles for storage prior to removal unless the tenant has agreed to be responsible for removal under the rental agreement and the landlord has removed all garbage at the beginning of the tenancy;

IX. There is an inadequate supply of water or whatever equipment that is available to heat water is not properly operating;

X. There are leaks in any gas lines or leaks or defective pilot lights in any appliances furnished by the landlord; or

XI. 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

VT 9 V.S.A. § 4457 (https://legislature.vermont.gov/statutes/section/09/137/04457)

 (a) Warranty of habitability. In any residential rental agreement, the landlord shall be deemed to covenant and warrant to deliver over and maintain, throughout the period of the tenancy, premises that are safe, clean, and fit for human habitation and that comply with the requirements of applicable building, housing, and health regulations.

(b) Waiver. No rental agreement shall contain any provision by which the tenant waives the protections of the implied warranty of habitability. Any such waiver shall be deemed contrary to public policy and shall be unenforceable and void.

(c) Heat and water. As part of the implied warranty of habitability, the landlord shall ensure that the dwelling unit has heating facilities that are capable of safely providing a reasonable amount of heat. Every landlord who provides heat as part of the rental agreement shall at all times supply a reasonable amount of heat to the dwelling unit. The landlord shall provide an adequate amount of water to each dwelling unit properly connected with hot and cold water lines. The hot water lines shall be connected with supplied water-heating facilities that are capable of heating sufficient water to permit an adequate amount to be drawn. This subsection shall not apply to a dwelling unit intended and rented for summer occupancy or as a hunting camp. (Added 1985, No. 175 (Adj. Sess.), § 1.)

NH (https://nhlegalaid.org/self-help-guides/housing/tenants-rights/tenants-rights)

You can lawfully withhold your rent if all of the following conditions are met:

1. Writen notice. 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.

VT (https://vtlawhelp.org/renting-repairs)

The Residential Rental Agreements Act (RRAA) has a process for you to get the landlord to make repairs. If you need the repair because the unit is unhealthy or unsafe, the law gives you even more rights. 9 V.S.A. § 4458. Keep in mind that the landlord can charge you for the repair if you, your guests, or your pets caused the bad condition. 9 V.S.A. § 4456(e).

1. Tell the landlord.
2. Contact an inspector or town health officer
3. Allow some time for the repairs