Withhold or not withhold rent. If this is your question, please call 603-Legal Aid at 1-800-639-5290 or 603-224-3333 or submit an online request from our website at www.nhlegalaid.org. The final decision to withhold rent is yours. But first tell us about this problem that has you so hot under the collar. We can help you find the answer that`s right for you. Practice representing yourself in court with our new legal game! Play on your computer or download the app from the iTunes or Google Play stores. A deposit is all the money you give to your landlord, except for your monthly rent payment. Even if your landlord refers to money as a deposit for cleaning, pets or keys, or last month`s rent, the law considers it a security deposit. If your landlord charges an amount you can`t pay, ask your city or the city`s welfare office for help. If you are having trouble applying for social assistance or if you are contesting the denial of welfare rent assistance, call 603-Legal Aid at 603-224-3333 or 800-639-5290. Leave a message if you are not calling between 9 a.m. and 1 p.m. Be sure to say you`re calling for wellness and include any deadlines you have.
There is no New Hampshire law that limits how much a landlord can raise rent. If your landlord is trying to increase your rent by an unreasonable amount, there is a legal argument that such an increase cannot be enforced by a court. It is very difficult to convince a court that an increase is so large that it is unscrupulous (inappropriate). Talk to a lawyer before trying to take this position in court. 603 Legal aid has an important reputation for all section 8 voucher holders and for persons living in social housing who are considering withholding their rent. ISN`T IT!!! At the very least, talk to someone at Legal Aid 603 or another legal aid office first before withholding all or part of the rent. Voucher holders in accordance with § 8 and tenants of social housing have other options and protection measures that are not available to private tenants. You`ve waited months, maybe years, to get your voucher or social housing. Don`t risk your valuable, affordable housing by withholding rent and flirting with eviction.
603 Legal aid can help you find safer alternatives to your problem. Get legal advice from one of the resources listed below or file a complaint with the U.S. Department of Housing and Urban Development (HUD). Learn more about the process on the HUD website. To determine if you qualify for services, we recommend calling your local New Hampshire legal aid office or www.nhlegalaid.org You cannot be evicted in retaliation for exercising any of the following legal rights: If the rent increase was not valid – not in writing or if you gave it less than 30 days – you cannot be forced to: To pay them, you also can`t be deported if you don`t pay it. Your landlord may have the legal authority to increase your rent, but they can`t require you to pay it until you give notice as required by law. The ERAP approved Emily`s application and now offers rental and utility assistance. She is also more certain that she can stay in her apartment for at least another year and have more time to find future apartments or roommates. The 30-day notice requirement may also apply to other significant changes to your lease. For example, your landlord may want to stop paying for utilities that were originally included, or stop letting you use the basement for storage – these are actually rent increases, as you now get less for the same rent.
NHL lawyers and paralegals promote equal access to housing for NHL clients by helping them maintain and maintain safe, affordable and stable housing. Answer a series of questions and get the form or letter you need, with instructions on what to do next and a link to more information about your legal issue. Download both, send an email, or do both to get your final document, and we`ll help low-income people find free legal help for their issues in New Hampshire. We provide information, advice, legal representation or referral to the right resource for those who are eligible for services. This website is a collaboration of the New Hampshire Legal Department. The rationale for the 30-day requirement is to give the tenant time to decide whether to pay the rent increase or move out. By proposing a rent increase, the landlord proposes a new lease that the tenant can accept or refuse. If you decide not to pay it, you have 30 days to make other arrangements. Although a lease can be written or verbal, “lease” usually means a lease written for a specific period of time, usually one year. New Hampshire law requires landlords to provide safe and hygienic housing for tenants. A state law RSA 48-A:14 sets minimum standards for rental properties. Have you ever started withholding rent before reading this article? If so, the information in this article may have made you think that withholding rent is not the best option.
You may want to pay the rent and then call 603 Legal Aid for more information on how to resolve your problem, but you no longer have the rent money withheld. In this case, you must immediately call your municipal social fund and apply for rent assistance. You can get the phone number of your city`s wellness office by calling the NH helpline at 2-1-1. Get legal advice on whether you qualify for any of these laws and whether your landlord must comply with them. Your landlord cannot evict you if you can prove that the reason for the eviction was that you exercised one of these legal rights. If an eviction is started within six months of one of these measures, it is considered retaliation, unless your landlord can prove another good reason for the eviction. Two things are clear. 1. An NH tenant has the right to withhold rent. But the problem must be serious and the tenant must follow some legal steps correctly. 2.
At the same time, a landlord has the right to evict that tenant for non-payment of rent. [See 603 Legal Aid article on this website entitled A Question / Answer Walk Through the Eviction Process]. Read our self-help guides on a variety of topics to find information about your legal problems. Your deposit is always your money, which is held in trust by the owner. Any landlord who sells the property you are renting, declares bankruptcy or is in foreclosure must remit all deposits to the new owner. If your landlord requires the first and last month`s rent plus a deposit, this may be a violation of the law. Can my landlord charge my deposit if he increases my rent? NHLA lawyers are also members of the Foreclosure Relief Project (FRP) in partnership with the Legal Advice and Referral Center (LARC) and the NH Bar Association (NHBA). You can apply for an injunction if there is an imminent threat of serious harm. The court will set a hearing to hear both parties and then decide whether you will receive damages and whether to uphold the order. Contact LARC for more information on submitting a petition. The Fair Housing Act protects tenants from discrimination. The landlord has 30 days from the end of the lease: James is an African-American in his thirties.
Due to significant disabilities, James receives federal disability income. He also receives a section 8 rent subsidy for living in an apartment building in Strafford County. James had lived peacefully in the Strafford County apartment for several years before receiving an eviction notice from his landlord. The owner claimed that James played music at a loud volume late at night and disturbed the neighbors. The landlord then filed an eviction action. If you have a disability and you have an individually trained service dog or an emotional support animal prescribed by a licensed psychiatrist, the Fair Housing Amendments Act 1988 requires your landlord and/or property manager to make reasonable arrangements for their policies so that you can have the service animal or emotional support animal. Even if your tenancy is not covered by law, your landlord is required to refund your deposit after you move, minus any unpaid rent and/or repair costs. If your deposit is not refunded, you can sue your landlord, although you may not be eligible for special penalties under New Hampshire`s Bail Act.