Understanding Tenant Rights

Summary

In New Hampshire, landlords cannot use security deposits for upgrades, but can use it for damages beyond normal wear and tear. Landlords are required to place security deposits in an escrow account and provide a receipt within 30 days. Failure to comply with these laws can result in penalties, including returning the deposit in full, paying damages, and facing a fine up to $2000. Tenants have the right to sue for damages if these laws are violated. Lease agreements cannot include waiving tenant rights, allowing landlord entry without notice, or making the tenant responsible for all repairs. Landlords can specify wall hanger types in the lease. Its good practice, but not legally required, for landlords to provide all tenants with a copy of the lease. Landlords are generally responsible for pest control unless specified otherwise in the lease.

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say if i have broken blinds that my cat caused. can the landlord use my deposit to upgrade or does it have to be of equal value? say if the blinds are * dollars but they replace them with * dollar blinds
Did you have a pet agreement with your landlord that covers damages caused by pets?
In New Hampshire, landlords can use security deposits for unpaid rent, damages beyond normal wear and tear, and unpaid utility bills. However, they cannot use it for upgrades.
we pay a monthly pet fee is this considered a pet agreement that covers damages?
A monthly pet fee is not necessarily a pet agreement. It's important to check your lease agreement for any specific terms related to pet damages.
- In New Hampshire, landlords cannot use security deposits for upgrades.
- They can use it for damages beyond normal wear and tear.
Is there anything else I can assist you with?
so if he says the blinds are damaged and they are * dollars they can not replace them with more expensive blinds using my deposit?
Correct, in New Hampshire, a landlord cannot use your deposit to upgrade the blinds to a more expensive set. They can only deduct the actual cost of the damaged item.
what if my landlord failed to put my security deposit into an escrow account and used his personal account instead
In New Hampshire, landlords are required to place security deposits in an escrow account. If they fail to do so, they may face penalties. Is there anything else I can assist you with?
what if they failed to give a receipt of the deposit being put in the escrow account within the first 5 days of the lease
In New Hampshire, landlords are required to provide a receipt within 30 days, not *. Failure to do so can result in penalties. Is there anything else I can assist you with?
what are these penalties
In New Hampshire:
- Landlords who fail to comply with security deposit laws may have to return the deposit in full, plus pay damages.
- They may also face a fine up to $*.
what are the damages
In New Hampshire, if a landlord violates security deposit laws, they may be liable for actual damages suffered by the tenant, plus $* or treble damages, whichever is greater.
if they violated security deposit laws can i sue
Yes, in New Hampshire, if a landlord violates security deposit laws, tenants have the right to sue for damages.
- Actual damages suffered
- $* or treble damages, whichever is greater
Is there anything else I can assist you with?
what is double damages
Double damages refers to a rule that if a law is violated, two times the actual damages may be awarded. In New Hampshire, this is not typically applicable to security deposit violations.
so if they are responsible for trash removal and i pay * a month for a year for trash removal i can sue for those damages as double damages
In New Hampshire, if your lease agreement states that your landlord is responsible for trash removal and they fail to do so, you may be able to sue for damages. However, double damages may not apply.
in what instances does double damages apply
In New Hampshire, double damages can apply in cases of wrongful death, theft, or fraud. It's important to consult with a legal professional for specific cases. Is there anything else I can assist you with?
what is not allowed to be in a lease
In New Hampshire, a lease cannot include:
- Waiving your rights under the law
- Allowing the landlord to enter without notice
- Making the tenant responsible for all repairs
Is there anything else I can assist you with?
is a landlord allowed to tell you you have to use certain types of hangers on a wall for pictures
In New Hampshire, a landlord can specify in the lease agreement the types of wall hangers tenants can use to prevent damage to the walls. Is there anything else I can assist you with?
if there are multiple tenants is a landlord required to give all tenants a copy of the lease
In New Hampshire, it's generally a good practice for landlords to provide all tenants with a copy of the lease for their records. However, it's not a legal requirement.
what if i moved in on december 24th and didnt receive my lease for 2 months
Did you sign the lease before moving in or was it provided to you later? In New Hampshire, it's generally a good practice for landlords to provide a signed copy of the lease to the tenant at the time of signing.
it was provided later
In New Hampshire, it's generally a good practice for landlords to provide a signed copy of the lease at the time of signing. If it was provided later, it could potentially cause issues. Is there anything else I can assist you with?
what if i moved in and had the landlords property manager do a walk through but then later on received the lease that stated things that were already violated during move in. say the wall hangers. the property manager was okay with our move in but now says we violated the lease that was made after the move in
Did you document the condition of the property during the initial walkthrough with the property manager?
In New Hampshire, a lease agreement typically becomes effective once it's signed by both parties. If the lease was signed after the move-in, it may not cover pre-existing conditions.
no, and was not informed i had to do so. is this not something required by security deposit laws? if its 30 days to give receipt and location of escrow and then 5 days to send list of damages
In New Hampshire, landlords are required to provide a list of damages within 30 days of the termination of the lease. Did you receive this list?
- Landlords must provide a list of damages within 30 days of lease termination.
- Failure to do so can result in penalties.
im talking about moving in not terminating lease
In New Hampshire, it's not required by law for landlords to provide a list of damages at the start of the lease. However, it's a good practice to document the condition of the property at move-in.
is it required to give receipt and location of the escrow account a deposit is placed in
In New Hampshire, landlords are required to provide a receipt for the security deposit and disclose the location of the escrow account within 30 days of receiving the deposit.
is a landlord required to do year round pest control even if there isnt a current infestation
In New Hampshire, landlords are generally responsible for pest control unless the lease specifies otherwise. However, they are not required to perform year-round pest control if there isn't a current infestation. Is there anything else I can assist you with?
what are landlords required to do by law
In New Hampshire, landlords are required to:
- Provide a habitable property
- Make necessary repairs
- Provide notice before entering the property
- Return security deposits within 30 days of lease termination
- Provide a receipt for the security deposit and disclose the location of the escrow account within 30 days of receiving the deposit.
Is there anything else I can assist you with?
what are considered damages when it comes to a landlord violating security deposit laws
In New Hampshire, if a landlord violates security deposit laws, they may be liable for:
- Actual damages suffered by the tenant
- $* or treble damages, whichever is greater
Is there anything else I can assist you with?
what are treble damages
Treble damages refer to a rule that triples the amount of actual damages awarded to a plaintiff, often used as a punitive measure in fraudulent or intentional harm cases.