Leaks and mold in a New Hampshire rental
New Hampshire's minimum rental standards (RSA 48-A:14) don't mention mold by name, but they do cover defective plumbing and sewage backups. They also cover leaking roofs and walls, and heat that keeps the unit at an average of 65 degrees F. Put the request in writing and keep a copy.
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Why this matters in Manchester
About 51% of occupied homes in Manchester's five city ZIP codes are rented, and 26% of homes are in two- to four-unit buildings (Census ACS 2020-2024). In a stacked building, water from one unit lands in another, and the tenant downstairs usually finds it first.
What the standards cover
RSA 48-A:14 lists conditions a rental must not have. The water and heat items include:
- Defective internal plumbing, or a sewage backup from a faulty sewage system.
- A roof or walls that leak consistently.
- An inadequate water supply, or water heating equipment that isn't working.
- Heating that isn't properly installed and maintained, or a unit not kept at a minimum average room temperature of 65 degrees F.
Separately, RSA 540-A:3 bars a landlord from willfully cutting off utilities such as heat and water, except temporarily while repairs are being made or in an emergency.
How to ask for the repair
- Write down what is leaking and since when. Email or text works; keep a copy.
- Add dated photos, and photos of any belongings that were damaged.
- Give the landlord access to fix it. Landlords may enter without consent for emergency repairs.
- If it isn't fixed, contact the city or town health or code enforcement office, which inspects for the state standards.
- For your own belongings, check your renters insurance; the landlord's policy covers the building, not your things.
Mold specifically
Because the statute doesn't name mold, the moisture behind it is usually what gets fixed under the law: the leaking roof or wall, the plumbing. The EPA's guidance applies either way: fix the water first. A patch under about 10 square feet is usually a cleaning job. Mold removal after water damage.
General information, not legal advice. New Hampshire Legal Assistance and the local health officer can help with a specific situation.
Questions Manchester homeowners ask
Is mold considered uninhabitable in New Hampshire?
New Hampshire's rental standards (RSA 48-A:14) don't name mold, but they do cover defective plumbing and sewage backups. They also cover a roof or walls that leak consistently, and heat that keeps the unit at an average of 65 degrees F. Tell the landlord in writing and keep a copy. If nothing happens, call the local health or code office. General information only; ask a lawyer about your own case.
Can my landlord shut off the heat or water to make repairs?
Only temporarily while the repair is actually being done, or in an emergency, under RSA 540-A:3. Willfully cutting off heat or water otherwise is prohibited.
Who pays for my damaged belongings after a leak?
Usually your renters insurance, if you have it. The landlord's policy covers the building. If the landlord ignored a written repair request, talk to a lawyer about your options.