Tenant Law in New Hampshire
Relationships between landlords and tenants in Derry, New Hampshire can get contentious. It's difficult to be a tenant or a landlord. If one or both parties are not aware of their legal rights and responsibilities, conflicts can arise.
Tenants and landlords have several legal rights and responsibilities. In general, these rights don't conflict with one another, as long as both parties are clear about what they are, and act accordingly.
Landlord's Rights in Derry, NH
Most obviously, landlords have a right to collect rent from their tenants. When a tenant agrees to pay a landlord a certain amount of money for the right to occupy the landlord's property, a contract is formed. Tenants have to hold up their end of the deal.
Furthermore, landlords can bill the tenant for any damage they cause to the unit, whether it was intentional or negligent. The costs of repairs for such damage can be deducted from a tenant's security deposit, but it should be noted that tenants aren't liable for ordinary wear and tear, over which they have little control.
Tenant's Rights in Derry, NH
Much like landlords have a right to get paid for the service they provide, tenants have a right to get what they pay for: a suitable place to live. In Derry, New Hampshire, all residential rental agreements carry an "implied warranty of habitability." This means that a landlord implicitly guarantees that any residence he or she rents will be fit for human habitation. In general, an unit will be automatically deemed uninhabitable if it lacks running water, electricity, heat, and adequate protection from the elements. There are several more factors that can be considered, as well, but those are some of the basics.
Additionally, tenants have rights to common areas that are free of physical obstructions, as well as serious health and safety hazards. Common areas are the places in apartment buildings and other residential complexes which every tenant can access, and include hallways, stairwells, and fire escapes. In Derry, New Hampshire, these areas must be kept in a safe condition, at the landlord's expense.
A tenant also has a right, under federal law and the laws of New Hampshire to be free from discrimination in housing based on race, color, national origin, religion, or gender. Landlords can also not discriminate against persons with disabilities, and must make reasonable accommodations for those disabilities.
Finally, the laws of most states protect tenants from unfair eviction. In general, as long as a tenant is paying rent on time, and is not damaging the unit, they cannot be evicted before the term of the lease expires, unless there is a very good reason to do so (such as excessive noise caused by the tenant, or illegal activities in the apartment).
Can a Derry, New Hampshire Landlord/Tenant Lawyer Help?
Landlords and tenants usually prefer to avoid getting into fights with one another, for obvious reasons. A harmonious relationship is profitable for everyone involved. To that end, the advice of a good Derry, New Hampshire landlord/tenant attorney can help defuse arguments before they become too serious.