Legal Question in Civil Rights Law in New Hampshire

Re: no notice from landlord for two things

Landlords are permitted to enter into tenant's units to make emergency repairs without prior consent. They are also permitted to shut off utilities during temporary emergencies while actual repairs are being made.

Landlords are not otherwise allowed to enter their tenant's units without consent or to shut off utilities without permission from the tenant.

Landlords who wish to evict tenants must avail themselves of legal process. They must first serve the tenant with a notice to quit and thereafter seek a writ of possession from a district court.

Landlords who use self-help--e.g. illegal lock outs and utility shutoffs--can be required to pay tenants $1,000 for each DAY they are in violation of the relevant statute--see below. Yesterday, the NH Supreme Court ordered a landlord to pay a tenant $34,000 because the landlord locked the tenant out for 34 days. The court will also entertain a motion for an injunction requiring the landlord to let the tenant back in and turn the utilities back on.

A caution--this law applies to landlord/tenant situations. It would not apply to cases in which the landlord already has a writ of possession in which case the tenant may be a trespasser or, more generally, to situations that do not qualify as landlord/tenant relationships. I cannot give legal advice to any individual without a more complete description of the underlying facts. Therefore, I am not in any position to tell you whether or not you have a claim or whether your rights were violated.

Here are some statutes and cases to look at:

http://www.gencourt.state.nh.us/rsa/html/LV/540-A/540-A-3.htm

http://www.gencourt.state.nh.us/rsa/html/LV/540-A/540-A-4.htm

http://www.nh.gov/judiciary/supreme/opinions/2005/simps138.htm