Bed Bugs in NH & the Law – New Hampshire Legal Aid

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This is a summary of bed bug law in NH.

If you need legal assistance regarding bedbugs,apply online. You can also call LARC, 1-800-639-5290.

Bed Bug Law HB 482, effective January 1, 2014.Summary:HB 482 will be effective Jan. 1, 2014. It clarifies landlord and tenant responsibilities during a bed bug infestation in rental property.

After report in tenants unit: Once a landlord becomes aware of a bed bug complaint in a tenants 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 tenants unit. The landlord must give the tenant 48 hours notice.It is a violation for a tenant to willfully refuse emergency entry (contempt and contempt damages).

A landlord must provide the tenant with reasonable written instructions for preparing the unit for remediation. These instructions must be given to an adult 72 hours in advance of remediation.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.

Landlords are required to pay up-front for all bed bug remediation costs.Landlords may recover costs for remediation in the tenants 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 no other bed bug reports in the unit or adjacent units in previous six (6) months.Landlords can evict responsible tenants for nonpayment, provided the landlord shows that he/she offered tenant a reasonable repayment agreement.

Read this Bed Bugs Guide to learn everything you would want to know about the insect and how to get rid of them.

Read this article to learn how best to choose a professional company to remove bed bugs.

HUD Notice 2012-5 & EPA/CDC Joint Statement on Bed Bug Control:

Apply for free help:Online or call 603-224-3333 or 1-800-639-5290

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

If tenant is responsible and doesnt pay for cost in his/her unit, landlord can evict for nonpayment, but landlord must first show a reasonable repayment agreement was offered.Assumption tenant is responsible if the only tenant with bed bugs, and no other reports in last 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.

Landlord can evict for failure of tenant to prepare the unit with advance reasonable written notice.Compliance with prep: such instructions are given to an adult member of the tenant household such that the tenant household has a reasonable opportunity to comply, and in all cases at least 72 hours prior to remediation. RSA 540-A:3, V-c (emphasis added).Reasonable accommodation requests related to preparing your unit.Mental or physical disabilities apply.Reasonable accommodation requests can be made verbally.

Definition of remediation is substantial reduction of bed bugs for at least 60 days.Municipality housing codes on bed bugs must be no less protective than other housing codes dealing with other insects.

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Bed Bugs in NH & the Law - New Hampshire Legal Aid

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