The New Hampshire Rent Abatement Clause Providing for a Landlord Remedy and Damages is a crucial legal provision that allows landlords to seek remedies and damages in case of a breach of lease by tenants. Rent abatement refers to the temporary or permanent reduction or suspension of rent due to certain conditions that render the rental property uninhabitable or unusable. In New Hampshire, there are different types of rent abatement clauses that landlords can enforce to protect their rights and ensure the rental property's compliance with health, safety, and habitability standards. Some of these types include: 1. Health and Safety Clause: This clause stipulates that if the rental property becomes uninhabitable due to health and safety violations that were not caused by the tenant, the landlord has the right to temporarily suspend or reduce rent until the issues are resolved. Such violations can include the presence of mold, infestations, lack of heating or cooling systems, faulty wiring, and other hazards. 2. Repairs and Maintenance Clause: Often included in the lease agreement, this type of rent abatement clause entitles the landlord to withhold or adjust rent if the tenant fails to report necessary repairs or maintenance issues in a timely manner. Landlords can also use this clause to recover expenses incurred for repairing damages caused by the tenant's negligence or intentional actions. 3. Constructive Eviction Clause: This clause is applicable when the landlord substantially interferes with the tenant's use and enjoyment of the rental property, making it effectively uninhabitable. If the tenant is forced to vacate the premises due to the landlord's breach of responsibilities, such as failure to provide essential services or habitable conditions, the tenant may be entitled to rent abatement or termination of the lease. 4. Natural Disaster Clause: In the event of a natural disaster, such as hurricanes, floods, or fires, this type of rent abatement clause allows the landlord to suspend or reduce rent if the property becomes uninhabitable or inaccessible due to the catastrophe. It helps protect both parties' interests, ensuring that the tenant isn't burdened with rent payments for an uninhabitable property and that the landlord can address necessary repairs without financial loss. For landlords in New Hampshire, incorporating a clear and comprehensive rent abatement clause in the lease agreement is essential. It helps establish the rights and obligations of both parties, safeguards the landlord's financial interests, and ensures the tenant enjoys a safe and habitable living environment. However, it is recommended that landlords consult with legal professionals to ensure the clauses are legally enforceable and comply with New Hampshire's specific laws and regulations.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.