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RSA 540:13-a · Defense to Retaliation

Title
LV: PROCEEDINGS IN SPECIAL CASES
Chapter
540 · ACTIONS AGAINST TENANTS
Status
current
Official source linked
Yes
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540:13-a Defense to Retaliation. – 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:

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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;

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II.

Initiating an action in good faith pursuant to RSA 540-A or availing himself of the procedures of RSA 540:13-d; or

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III.

Meeting or gathering with other tenants for any lawful purpose. Source. 1972, 26:1. 1979, 305:4, eff. Aug. 21, 1979.

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Source note

Source. 1972, 26:1. 1979, 305:4, eff. Aug. 21, 1979.

Source history

  • 1972, 26:1
  • 1979, 305:4, eff. Aug. 21, 1979

Related materials

Bill relationships

  • 2026 HB1112 amend · effective 2027-07-01

    ies in lease agreements. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Lease Provisions; Snow and Ice Removal. Amend RSA 540 by inserting after section 28 the following new section: 540:28-a Snow and Ice Removal in Tenancies. I. The landlord and tenant may agree that either the landlord or the tenant, or any combination thereof, shall b

  • 2026 HB1598 reference

    eneral Prohibition. I. No landlord shall willfully violate a tenant's right to quiet enjoyment of his tenancy or attempt to circumvent lawful procedures for eviction pursuant to RSA 540. [No tenant shall willfully damage the property of the landlord or prevent completion of necessary repairs or willfully deny tenants their right to quiet enjoyment of their tenancies.] II. No tenant, members of the ten

  • 2026 HB1598-FN reference

    eneral Prohibition. I. No landlord shall willfully violate a tenant's right to quiet enjoyment of his tenancy or attempt to circumvent lawful procedures for eviction pursuant to RSA 540. [No tenant shall willfully damage the property of the landlord or prevent completion of necessary repairs or willfully deny tenants their right to quiet enjoyment of their tenancies.] II. No tenant, members of the ten

  • 2026 HB1709 amend · effective 2027-01-01

    nacted by the Senate and House of Representatives in General Court convened: 1 New Section; Prohibited Occupancy or Tenancy of Real Property by Certain Illegal Aliens. Amend RSA 540 by inserting after section 30 the following new section: 540:31 Prohibited Occupancy or Tenancy of Real Property by Certain Illegal Aliens. I. An individual commits an offense if such individual is an occupant o

  • 2026 HB1709-FN amend · effective 2027-01-01

    nacted by the Senate and House of Representatives in General Court convened: 1 New Section; Prohibited Occupancy or Tenancy of Real Property by Certain Illegal Aliens. Amend RSA 540 by inserting after section 30 the following new section: 540:31 Prohibited Occupancy or Tenancy of Real Property by Certain Illegal Aliens. I. An individual commits an offense if such individual is an occupant o

  • 2025 HB2 reference

    ragraph (a): (1) Actions relating to children under RSA 169-B, RSA 169-C, and RSA 169-D. (2) Domestic violence actions under RSA 173-B. (3) Small claims actions under RSA 503. (4) Landlord/tenant actions under RSA 540, RSA 540-A, RSA 540-B, and RSA 540-C. (5) Stalking actions under RSA 633:3-a II-a.] The supreme court may establish by rule an equitable fee of not less than $25 to be added to a fine whenever a court extends

  • 2025 HB60 reference

    he lease term; and (B) The landlord has filed a possessory action within 6 months of the lease expiring. (2) Nothing in this subparagraph shall affect a tenant’s defense of retaliatory eviction as set forth in RSA 540:13-a or a tenant’s protections from discrimination as defined by RSA 354:10. 263:2 New Paragraph; Termination of Tenancy; Expiration of Term. Amend RSA 540:2 by inserting after paragraph VII the following new parag

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