N.H. Rev. Stat. Ann. § 540: § 540:13-a
Defense to Retaliation.
Operative Text
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.
New Hampshire law under N.H. Rev. Stat. Ann. § 540:13-a establishes an affirmative defense against eviction proceedings when the eviction appears to be motivated by retaliation. Specifically, a tenant may raise this defense if the landlord initiated a possessory action after the tenant reported a housing or health-and-safety violation, pursued legal remedies under RSA 540-A or RSA 540:13-d, or gathered with other tenants for a lawful purpose. This protection does not apply when the tenant owes the landlord the equivalent of one week's rent or more at the time of the action.
Plain English — not legal advice.
Under N.H. Rev. Stat. Ann. § 540:13-a, landlords who initiate possessory actions against residential tenants should be aware that the timing and circumstances of such actions can be scrutinized for retaliatory motive. Compliant operators generally document legitimate, non-retaliatory grounds for any eviction proceeding—such as lease violations or nonpayment of rent—and maintain records that clearly distinguish those grounds from any tenant complaints or organizing activity. Ensuring that possessory actions are not initiated in close proximity to a tenant's protected activity, such as filing a housing complaint or meeting with other tenants, is a hallmark of sound property management practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.H. Rev. Stat. Ann. § 540:13-a gives residential tenants the ability to raise retaliation as a defense if a landlord files a possessory action after the tenant reported a housing code or health-and-safety violation, pursued remedies under RSA 540-A or RSA 540:13-d, or participated in lawful tenant gatherings. This defense is available as long as the tenant does not owe the landlord the equivalent of one week's rent or more at the time of the action. Tenants who believe an eviction may be retaliatory can raise this defense in court proceedings, file a complaint with a relevant local or state housing authority, or consult a tenant-rights organization for general information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 20, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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