N.H. Rev. Stat. Ann. § 540: § 540:13-e

Infestation of Bed Bugs: Liability for Costs of Remediation.

In Force
Verified 10/20/2026 · Next check 10/27/2026
effective 10/20/2026New HampshireCost Allocation

Operative Text

N.H. Rev. Stat. Ann. § 540: § 540:13-e
I. In this section:
(a) "Infestation of bed bugs" means the presence of bed bugs in real property rented for residential purposes.
(b) "Remediation" means action taken by the landlord that substantially reduces the presence of bed bugs in a dwelling unit for at least 60 days.
II. The landlord shall bear the reasonable costs of remediation of an infestation of bed bugs, but may recover those costs if the tenant is responsible for the infestation.
III. If a landlord alleges that a tenant is responsible for an infestation of bed bugs, the landlord may bill the tenant, in writing, for the reasonable costs of remediation of the infestation of bed bugs in the tenant's own unit. If within 30 days of the completion of remediation the tenant has not paid the landlord for the reasonable costs of remediation, or entered into a repayment agreement with the landlord, such failure shall be considered grounds for eviction for nonpayment of rent pursuant to RSA 540:2, II(a).
IV. In an eviction action for nonpayment of rent based on failure to pay the reasonable costs of remediation, or in an action for damages for the reasonable costs of remediation of an infestation of bed bugs, the landlord shall bear the burden of proving both that the tenant was responsible for the infestation and that the landlord offered the tenant the opportunity to enter into a reasonable repayment agreement.
V. In an eviction action for nonpayment of rent based on failure to pay the reasonable costs of remediation of an infestation of bed bugs, or in an action for damages for the reasonable costs of remediation of an infestation of bed bugs:
(a) Notwithstanding paragraph IV, there shall be a rebuttable presumption that the tenant is responsible for the infestation if during the 6 months prior to the inception of the defendant's tenancy, and throughout the defendant's tenancy, there were no reports, to the landlord or a municipal health or housing authority, of the presence of bed bugs in the defendant's unit or the dwelling units of a multiple-unit building that are adjacent to or directly above or below the defendant's unit, or by previous tenants in a single-family home. For the purposes of this subparagraph, the defendant's own report to the landlord or a municipal health or housing authority shall not be considered a report.
(b) In evaluating which party is responsible for the infestation, the court shall consider the totality of the evidence, including but not limited to the following:
(1) The existence and extent of bed bugs in other units or common areas anywhere in the building prior to and during the tenant's tenancy;
(2) In which unit bed bugs were first discovered;
(3) Whether and to what extent, prior to the infestation that is the subject of the litigation, the landlord undertook remediation efforts in the tenant's unit and the units adjacent to and directly above and below the tenant's unit; and
(4) Whether the tenant had bed bugs in the dwelling unit in which he or she resided immediately prior to moving to the unit that is the subject of the litigation.
Source: Legislative text reproduced verbatim
Plain English

Under N.H. Rev. Stat. Ann. § 540:13-e, landlords are generally required to pay the reasonable costs of addressing a bed bug infestation in a rental unit, though they may seek to recover those costs from a tenant who is found to be responsible for the infestation. 'Remediation' under this provision means action that substantially reduces the bed bug presence for at least 60 days. If a dispute over responsibility reaches court, the judge weighs the full picture of evidence — including the history of infestations in the building, which unit bugs were first found in, and the tenant's prior living situation — to determine who bears the financial burden.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 20, 2026

Plain English — not legal advice.

For Property Managers

Under § 540:13-e, compliant operators generally pay upfront for bed bug remediation and document the process thoroughly, including the date remediation is completed and any written billing sent to a tenant believed to be responsible. If a landlord seeks to recover costs, they typically provide the tenant a written bill and a reasonable repayment agreement option within 30 days of remediation completion. In any subsequent eviction or damages action under this section, the landlord carries the burden of proving both tenant responsibility and that a reasonable repayment agreement was offered, so maintaining clear records of building-wide infestation history, inspection reports, and communications is a practice consistent with compliance.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section § 540:13-e establishes that landlords bear the initial cost of bed bug remediation, which means tenants are not automatically liable for those expenses. If a landlord bills a tenant for remediation costs, the tenant has 30 days to pay or enter a repayment agreement, and in any court proceeding the landlord must prove the tenant caused the infestation and offered a reasonable repayment option. Tenants who believe they have been improperly billed or face eviction related to bed bug costs may find it useful to document the infestation history in their building, report conditions to a municipal health or housing authority, and consult a tenant-rights organization familiar with New Hampshire housing law.

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.

Effective Timeline

Current
Oct 20, 2026
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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:14
N.H. Rev. Stat. Ann. § 540:4
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:5
N.H. Rev. Stat. Ann. § 540:13-d
N.H. Rev. Stat. Ann. § 540:13-a
N.H. Rev. Stat. Ann. § 540:1-b
N.H. Rev. Stat. Ann. § 540:3
N.H. Rev. Stat. Ann. § 540:11-b
N.H. Rev. Stat. Ann. § 540:13-a
N.H. Rev. Stat. Ann. § 540:5
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:1-a
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:20
N.H. Rev. Stat. Ann. § 540:13-a
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:1-a
N.H. Rev. Stat. Ann. § 540:5
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:14
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:9
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:3
N.H. Rev. Stat. Ann. § 540

Related Rules

§ 244.730
Extermination of pests
§ 15.12.220
Extermination standards
§ 154.088
EXTERMINATION

Source Information

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Fetched:Oct 20, 2026, 10:30 AM UTC