Bed Bugs in New Hampshire & The Law

If you need legal assistance regarding bed bugs, apply online. You can also call 603 Legal Aid, 603-224-3333.

It is a violation of RSA 540-A for a landlord to willfully fail to investigate, or fail to take reasonable measures to remediate an infestation within 7 days.

It is also a violation of RSA 540-A for tenants to refuse entry, or refuse to comply with 72 hour advance instructions prior to remediation.

None of these 540-A violations directly result in statutory money damages, but contempt and contempt damages are still a possibility.

Emergency entry

After report in tenant’s unit: Once a landlord becomes aware of a bed bug complaint in a tenant’s unit, he/she is allowed emergency entry into that unit for the next 72 hours.

After report in adjacent unit: If there is a bed bug complaint from an adjacent unit, a landlord is allowed emergency entry into tenant’s unit. The landlord must give the tenant 48 hours notice.

It is a violation for a tenant to willfully refuse emergency entry.

Preparation for remediation

A landlord must provide the tenant with reasonable written instructions for preparing the unit for remediation. These instructions must be given to an adult member of the tenant household at least 72 hours in advance of remediation to provide the household with a reasonable opportunity to comply (see RSA 540-A:3, V-c.)

It is a violation for tenants to willfully refuse to comply with these instructions.

Landlords can evict for failure of tenant to prepare the unit with advance reasonable written notice.

However, landlords must allow for reasonable accommodation requests related to preparing the unit when requested by a tenant with mental or physical disabilities that impact their ability to prepare the unit. Reasonable accommodation requests can be made verbally, but it is always better to ask in writing.

Payment for remediation

Landlords are required to pay up-front for all bed bug remediation costs, regardless of who caused the infestation.

Landlords may then recover costs for remediation in the tenant’s unit only, and only if tenant is considered “responsible” for the infestation.

The tenant is presumed to be “responsible” if only his/her unit has bed bugs and there have been no other bed bug reports in the unit or adjacent units in prior six (6) months.

Other non-exhaustive factors for a court to consider to determine whether tenant is “responsible”: other locations of bed bugs; where first discovered; landlord efforts; and if tenant had bed bugs prior to moving in.

Landlords can evict “responsible” tenants for nonpayment of the cost of remediation, provided the landlord shows that he/she offered tenant a “reasonable repayment agreement.”

Other notes on bed bugs law

“Remediation” is defined as action taken by the landlord that substantially reduces the presence of bed bugs in a dwelling unit for at least 60 days.

Municipality housing codes on bed bugs must be no less protective than other housing codes dealing with other insects.

Resources

Review this Bed Bugs Guide to learn everything you would want to know about bed bugs and how to get rid of them.

Apply for free help: Online or call 603-224-3333