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Overview
New Hampshire does not have specific state-level mold statutes. However, mold issues in rental properties are addressed through the implied warranty of habitability and minimum housing standards established under RSA 48-A:14. Local health officers enforce these standards, and tenants have legal remedies available through RSA 540-A when landlords fail to maintain habitable conditions. Some municipalities, such as Manchester and Nashua, have adopted their own housing codes that may include additional requirements. [New Hampshire Law Library - Clean, Safe, and Livable Rentals (Habitability)]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Premises
Tenants have the right to rental premises that meet the minimum health and safety standards established by RSA 48-A:14 or applicable local housing codes. This includes premises free from conditions that render the dwelling unsafe, unsanitary, or unfit for living.
[iPropertyManagement - New Hampshire Warranty of Habitability]
Right to Request Repairs
Tenants have the right to request repairs in writing for any conditions that affect habitability. Landlords must respond to repair requests within 14 days of receiving written notice.
[iPropertyManagement - New Hampshire Renters Rights for Repairs]
Landlord Responsibilities
Maintain Habitable Conditions
Landlords must maintain rental premises in a condition that meets the minimum standards of RSA 48-A:14 or applicable local housing codes. This includes ensuring premises are free from defective plumbing, electrical hazards, structural defects, pest infestations, and other conditions that render the dwelling unsafe or unsanitary.
[Justia - 2024 New Hampshire Revised Statutes Section 48-A:14]
Provide Adequate Heating
Landlords must provide heating facilities that are properly installed, safely maintained, and in good working condition, capable of maintaining at least 65 degrees Fahrenheit average temperature in all habitable rooms when outdoor temperatures are above 20 degrees Fahrenheit.
Remedies Available to Tenants
Rent Withholding
Available: Tenants may withhold rent under limited conditions established by RSA 540:13-d. The tenant must: (1) give the landlord written notice of the violations while not behind in rent; (2) wait 14 days for the landlord to take corrective action; and (3) the premises must be in substantial violation of health and safety standards. However, this defense is only available in an action based on non-payment of rent, and is not available if the tenant owes the landlord the equivalent of one week's rent or more. Courts have held that rent withholding without a court order is risky, and tenants should seek legal advice before attempting this remedy.
Repair and Deduct
Not Available: New Hampshire does not have a specific statute authorizing repair and deduct as a tenant remedy. While some interpretations suggest it may be available in limited circumstances, the legal status is unclear. If a landlord fails to make repairs after proper notice, tenants generally have the following options: sue for costs, seek a court order to force repairs, or terminate the rental agreement. Tenants should consult with an attorney before attempting to repair and deduct.
[iPropertyManagement - New Hampshire Renters Rights for Repairs]
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in New Hampshire
Understanding New Hampshire's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Increased Climate Risks Through 2050
People in New Hampshire will experience especially increased risks from precipitation, heat, and flood due to climate change over the next 30 years. Among the lower 48 states, New Hampshire's highest ranking is #8 for flood risk. On average, someone in New Hampshire will experience about 37 extremely hot days in 2050.
Coastal and Seasonal Mold Challenges
Mold thrives in moist, warm environments. In New Hampshire, the combination of humid summers and potential for winter frozen pipes creates ideal settings for mold if not properly managed. Homes in the Portsmouth and Seacoast region are particularly vulnerable due to high humidity, salt air, and fluctuating temperatures.
Certified Mold Inspectors Required
New Hampshire law (SB 125) requires persons providing residential mold assessment services to be certified by a third party. This includes conducting inspections, developing remediation protocols, and collecting mold samples. Commercial buildings have no such legal requirement.
Seasonal Temperature Fluctuations
Coastal areas experience frequent temperature changes, especially as seasons shift. These fluctuations lead to condensation on walls, windows, and other surfaces, providing moisture that mold thrives on. Common problem areas include leaking roofs, broken pipes, and improperly vented rooms.
Common Mold Types in New Hampshire
The Seacoast region faces elevated mold risk due to coastal humidity and salt air. Older homes throughout the state are particularly vulnerable during the transition between seasons when temperature fluctuations cause condensation. Basements and crawl spaces are common problem areas due to New Hampshire's granite bedrock and groundwater patterns.
Aspergillus/Penicillium
Most common indoor molds in New Hampshire. Thrive in damp conditions during humid summers and in basements with moisture issues. Can trigger allergies and asthma.
Cladosporium
Common in both outdoor and indoor environments. Frequently found on window sills, bathroom surfaces, and in HVAC systems. Can survive cooler temperatures than most molds.
Stachybotrys chartarum (Black Mold)
Found in chronically wet conditions, often after flooding or persistent leaks. More common in coastal areas and older homes with water damage. Produces mycotoxins.
Alternaria
Common allergen found in damp areas. Prevalent in bathrooms, under sinks, and around window frames where condensation occurs.
Mold Professional Requirements in New Hampshire
Residential Mold Assessment Certification
New Hampshire law (SB 125) requires persons providing residential mold assessment services to be certified by a third party, specifically ACAC (American Council for Accredited Certification). This includes conducting inspections, developing remediation protocols, and collecting mold samples for analysis. This requirement applies only to residential properties; commercial buildings have no such legal requirement.
Certifying Body: ACAC (American Council for Accredited Certification)
Source: NH Office of Professional Licensure and Certification
Regulatory Agency
NH Office of Professional Licensure and Certification
Visit Website → | Phone: 603-271-2152
Mold Legislation in New Hampshire
Enacted laws, pending bills, and historical legislation related to mold in New Hampshire.
Enacted Laws
SB 125: Mold Assessment Certification Act
Requires persons providing residential mold assessment services for remuneration to hold a valid national third-party certification (ACAC). Mold assessment includes inspections, investigations, surveys, and development of remediation protocols for residential dwellings. Exempts professionals whose primary contracted work is not mold assessment. Directs the Board of Home Inspectors to inform the public about the certification requirement.
Impact: Made New Hampshire one of the few states requiring third-party certification for residential mold assessors, increasing consumer protection for homeowners hiring mold professionals.
Pending and Advancing Bills
HB 1126: Repeal Mold Assessment Certification Requirement
Status: Committee report "Ought to Pass" issued Feb 4, 2026; placed on House calendar Feb 6, 2026
Would repeal the certification requirement for residential mold assessment services.
Why it matters: Could remove New Hampshire's statewide requirement that mold assessors hold a national third-party certification.
Implied Warranty of Habitability
New Hampshire recognizes an implied warranty of habitability for all residential rentals. This warranty means that landlords must provide and maintain safe and habitable rental property, whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation. To constitute a breach, the defect must be of a nature and kind which renders the premises unsafe or unsanitary, and thus unfit for living therein. RSA 48-A:14 establishes specific minimum standards including requirements for pest-free conditions, functional plumbing, electrical safety, structural integrity, adequate water supply, and heating facilities capable of maintaining at least 65 degrees Fahrenheit in habitable rooms. [New Hampshire General Court - RSA 48-A:14 Minimum Standards Established]
Mold Disclosure Requirements
Local Regulations
Some cities in New Hampshire have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full New Hampshire mold law details.
Manchester, NH
Local mold risks, prevention priorities, and next steps for Manchester.
Nashua, NH
Local mold risks, prevention priorities, and next steps for Nashua.
Concord, NH
Local mold risks, prevention priorities, and next steps for Concord.
Dover, NH
Local mold risks, prevention priorities, and next steps for Dover.
Derry, NH
Local mold risks, prevention priorities, and next steps for Derry.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in New Hampshire.
USDA Section 504 Home Repair Program
Provides loans up to $50,000 and grants up to $10,000 for very low-income homeowners to repair, improve, or modernize their homes, including mold remediation.
Eligibility: Very low-income homeowners (below 50% of area median income). Grants limited to homeowners age 62 or older.
Coverage: Loans: up to $50,000 at 1% interest. Grants: up to $10,000.
Phone: 1-800-670-6553Learn More →
NH Housing Finance Authority Home Repair Program
Provides low-interest loans and grants for essential home repairs to income-eligible homeowners, which may include addressing water damage and mold issues.
Eligibility: Income-eligible NH homeowners. Contact for specific requirements.
Phone: 603-472-8623Learn More →
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does New Hampshire have specific mold laws for rental properties?
No, New Hampshire does not have specific state-level mold statutes. However, mold issues may be addressed under the implied warranty of habitability and minimum housing standards established by RSA 48-A:14. If mold renders a rental unit unsafe or unsanitary, it may constitute a breach of the warranty of habitability. Some municipalities may have local codes that address mold specifically.
What should I do if I discover mold in my New Hampshire rental?
Document the mold with photographs and notify your landlord in writing immediately. Keep a copy of all correspondence. The landlord has 14 days after receiving written notice to take corrective action. If the landlord fails to address the issue, you can contact your local health officer or code enforcement office to request an inspection. You may also file a petition under RSA 540-A in district court to seek remedies.
Can I withhold rent for mold problems in New Hampshire?
Rent withholding is risky in New Hampshire and should only be considered after consulting with an attorney. Under RSA 540:13-d, tenants may have a defense to eviction for non-payment of rent if the premises are in substantial violation of health and safety standards. However, this defense is not available if you owe more than one week's rent. Courts have held that rent withholding without court authorization is not expressly permitted by statute.
Official Resources
These official resources can help you understand your rights and take action: