N.H. Rev. Stat. § 540:13-b

Current through Chapter 381 of the 2024 Legislative Session

Section 540:13-b - Evidence of Intent to Retaliate

Unless the court finds that the act of the tenant in making a report or complaint or in initiating an action or in organizing relative to alleged violations by a landlord was primarily intended to prevent any eviction, a rebuttable presumption that such possessory action was in retaliation of the tenant's action shall be created when any possessory action, increase in rent or any substantial alteration in the terms of the tenancy is instituted by a landlord within 6 months after:

I. The landlord received notice of any such alleged violation provided that:

(a) The tenant mailed, gave in hand to, or left at the abode of the landlord notice of the report or complaint of the alleged violation; or

(b) The landlord received notice of the complaint or report from the board, agency or authority; or

II. The landlord completed repairs or otherwise successfully remedied such violation; or

III. The landlord received notice that the tenant had initiated an action pursuant to RSA 540-A; or

IV. The discovery by the landlord of activity protected by RSA 540:13-a, III.

RSA 540:13-b

1972, 26:1. 1979, 305:4. 1985, 249:5, eff. Aug. 6, 1985.