Legal Question in Landlord & Tenant Law in New Hampshire
Habitability
My brother rents a mobile home in NH,over a week ago, he was told the furnace had a crack in it. So the oil company disconnected the furnace altogether, leaving my brother with no heat what so ever. The landlord refuses to replace the furnace with a new one. He wants to put only one electric heater thinking that'll be enough to heat the whole home. Is this legal? Was the disconnecting the furnace legal in NH? I thought that was only allowed if he lived in Massachusettes.
2 Answers from Attorneys
Re: Habitability
Can your brother afford an atty?
If so have him call or email me.
Meantime have him get a decent space heater and insulation kit and deduct from rent.
If he is indigent (no employment or savings) have him call Legal Aid in Nashwau.
Re: Habitability
My first suggestion would be to contact the code enforcement officer for the Town where the mobile home is located. Often they can advise you as to what is needed, and they generally will notify the landlord of a defect in the property which makes it uninhabitable (no heat). However, if they find the dwelling uninhabitable, they may issue an order locking the doors. I expect the landlord would like to avoid this type of situation.
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