New Hampshire

New Hampshire Landlord-Tenant Recording Laws

By Recording Law Editorial TeamPublished March 23, 2026Reviewed May 15, 202610 min read

New Hampshire requires all-party consent before recording any conversation, so neither landlords nor tenants may secretly record each other under RSA 570-A:2. Landlords cannot place recording devices inside a rental unit, and hidden cameras in bedrooms or bathrooms violate RSA 644:9.

The landlord-tenant relationship in New Hampshire creates frequent situations where one party wants to record the other, whether to document repair requests, lease violations, disputes over security deposits, or confrontational interactions. However, the Granite State's strict all-party consent wiretapping law applies with full force to landlord-tenant communications, making secret recordings a criminal offense for both parties.

This guide covers the legal rules for recording in landlord-tenant contexts, including conversations, property inspections, security cameras in rental properties, tenant surveillance concerns, and legal alternatives to recording.

The Basic Rule

Under RSA 570-A:2, it is illegal to intercept any telecommunication or oral communication without consent from all parties. This applies equally to landlords and tenants:

Tenants cannot secretly record conversations with their landlord, property manager, or maintenance workers
Landlords cannot secretly record conversations with tenants, prospective tenants, or tenant guests
Phone calls between landlords and tenants cannot be recorded without all-party consent
In-person conversations during property showings, inspections, or lease discussions require consent from everyone present before recording

The two-tier criminal penalty system applies. A participant who knowingly records their own conversation without consent faces a misdemeanor under RSA 570-A:2, I-a (up to 1 year, $2,000 fine). A person who willfully intercepts a conversation they are not part of faces a Class B felony under RSA 570-A:2, I (up to 7 years, $4,000 fine per RSA 651:2).

Why Tenants Want to Record

Tenants commonly want to record interactions with landlords for several reasons:

Documenting repair requests that the landlord verbally promised to address
Preserving evidence of harassment or intimidation by the landlord
Recording property condition during move-in and move-out inspections
Capturing verbal agreements about lease terms, rent adjustments, or deposit returns
Documenting unsafe conditions that the landlord refuses to address

While these motivations are understandable, secret audio recording is not a legal solution in New Hampshire. The state provides other legal mechanisms to protect tenant rights.

Why Landlords Want to Record

Landlords may also be tempted to record tenant interactions:

Documenting lease violations such as unauthorized pets, noise complaints, or property damage
Recording property inspections to preserve evidence of unit condition
Capturing threatening behavior from difficult tenants
Preserving evidence for potential eviction proceedings

The same legal restrictions apply. Landlords cannot secretly record tenants.

Security Cameras in Rental Properties

New Hampshire apartment parking garage with numbered spaces and overhead lighting

Landlord Camera Placement Rules

Landlord installation of security cameras at rental properties must comply with multiple legal requirements:

Where cameras are permitted:

Common areas of multi-unit buildings such as lobbies, hallways, stairwells, and parking lots (silent video only)
Building exterior including entrances, exits, and shared outdoor spaces (silent video only)
Laundry rooms and shared spaces that are open to all tenants (silent video only)

Where cameras are prohibited:

Inside any tenant's rental unit without explicit consent (RSA 644:9 violation)
Bathrooms, changing areas, and private spaces anywhere in the building (RSA 644:9)
Aimed at a tenant's windows, balcony, or private outdoor area in a way that monitors their private activities
Any location where audio is recorded without all-party consent (RSA 570-A:2)

Audio-Enabled Cameras

If a landlord installs security cameras with audio recording capability:

All-party consent is required from anyone whose conversations are captured
Posting a sign stating "audio and video recording in progress" may help establish notice but does not constitute consent under New Hampshire law
Disabling audio on security cameras is the safest legal approach
Landlords who capture tenant conversations through audio-enabled cameras face potential criminal charges under RSA 570-A:2

Tenant Camera Rights

Tenants in New Hampshire generally have the right to install their own security cameras:

Inside their rental unit (subject to lease terms about alterations to the property)
Doorbell cameras at their unit's entrance (subject to landlord approval for exterior modifications)
Cameras pointed at their own space rather than common areas or other tenants' units

Tenants must follow the same audio recording restrictions. Cameras with microphones that capture hallway conversations or neighbors' private discussions may violate RSA 570-A:2.

Tenant Right to Quiet Enjoyment

New Hampshire laundry room in an apartment basement with coin-operated machines

RSA 540-A:2 Protections

New Hampshire's landlord-tenant law includes a right to quiet enjoyment under RSA 540-A:2. This statute prohibits landlords from engaging in conduct that interferes with a tenant's peaceful use and enjoyment of their rental property. Landlord surveillance that crosses the line into monitoring a tenant's private activities could constitute a violation of this right.

Prohibited landlord conduct that may relate to recording or surveillance:

Entering a tenant's unit without proper notice (RSA 540-A:3 requires reasonable notice except in emergencies)
Harassment or intimidation including constant surveillance
Interference with privacy through cameras or monitoring devices aimed at the tenant's private spaces
Retaliation against tenants who complain about surveillance

Tenant Remedies

Tenants who believe their landlord is conducting illegal surveillance or violating their right to quiet enjoyment may:

File a complaint with local law enforcement if criminal recording violations are suspected
Send a written demand to the landlord to remove cameras or stop surveillance
File a complaint with the New Hampshire Attorney General's Consumer Protection Bureau
Sue the landlord for damages including breach of quiet enjoyment, privacy tort claims, and statutory damages under RSA 570-A:11
Withhold rent or terminate the lease under RSA 540-A:4 if the landlord fails to remedy the violation after proper notice

Recording Property Inspections

New Hampshire apartment building roof access door with a security camera above it

Move-In and Move-Out Inspections

Recording the condition of a rental property during move-in and move-out is important for both parties. In New Hampshire:

Silent video and photographs of the property condition are legal and strongly recommended
Audio recording of conversations during the inspection requires consent from all parties
Written checklists signed by both parties provide the strongest documentation
Timestamped photographs of every room, fixture, and any pre-existing damage create a clear record

Maintenance and Repair Documentation

When documenting property conditions or needed repairs:

Take photographs and silent video of the condition without recording conversations
Send written maintenance requests via email or certified mail to create a paper trail
Keep copies of all communications including text messages and emails
Follow up verbal requests in writing with a summary email stating what was discussed

Legal Alternatives to Recording

For Tenants

New Hampshire tenants who need to document landlord issues without violating recording laws should:

Keep a written log of all interactions including dates, times, locations, and what was discussed
Send follow-up emails after every verbal conversation summarizing key points
Take photographs and silent video of property conditions, needed repairs, and unsafe conditions
Save all text messages and written communications
Get a witness present for important conversations (inspections, move-out walkthrough, lease discussions)
File formal written complaints with the landlord, property management company, or relevant government agency
Consult a tenant rights attorney about your legal options

For Landlords

New Hampshire landlords who need to document tenant issues should:

Use written notices for all communications about lease violations, rent issues, or property access
Photograph and silently video property conditions during lawful inspections
Maintain detailed records of all maintenance requests, repair schedules, and tenant communications
Use certified mail or email for important notices to create a verifiable delivery record
Bring a witness to contentious interactions or property inspections
Follow proper legal procedures for eviction rather than attempting to gather evidence through surveillance

Penalties for Illegal Recording in Landlord-Tenant Disputes

Criminal Penalties

Offense	Classification	Maximum Penalty
Secret audio recording of conversation (participant)	Misdemeanor	1 year, $2,000
Hidden recording device planted in rental unit	Class B Felony	7 years, $4,000
Camera in tenant's bathroom or bedroom (RSA 644:9)	Class A Misdemeanor	1 year, $2,000
Audio-enabled camera without consent	Class B Felony	7 years, $4,000

2024-2025 Court Rulings

In State v. Clark, 2024 N.H. 64 (N.H. Nov. 13, 2024), the New Hampshire Supreme Court held that the suppression remedy under RSA 570-A:6 applies only to felony violations of RSA 570-A:2, I, not to misdemeanor participant recordings under RSA 570-A:2, I-a. In State v. Hersom, No. 2023-0352 (N.H. Jan. 24, 2025), the court held that the State must prove NH jurisdiction and willful mental state before the suppression framework applies.

Civil Damages

Under RSA 570-A:11, a person whose communications are illegally recorded may sue for:

$100 per day of the violation or $1,000 minimum
Actual damages if greater than the statutory minimum
Punitive damages for particularly egregious conduct
Attorney fees and litigation costs

A landlord who installs an audio-enabled hidden camera in a tenant's unit could face both criminal prosecution and a civil lawsuit with substantial damages.

Filing Complaints and Seeking Help

Tenant Resources

New Hampshire tenants facing illegal surveillance or recording by landlords should contact:

Local police to report suspected criminal violations of RSA 570-A or RSA 644:9
NH Legal Assistance for free legal help for low-income tenants
NH Attorney General Consumer Protection for housing complaints
NH Housing Finance Authority for housing resources and referrals
A private attorney specializing in landlord-tenant law

Landlord Resources

Landlords facing difficult tenant situations should:

Consult a real estate attorney before installing any surveillance equipment
Contact the NH Apartment Association or similar trade groups for guidance
Follow proper legal procedures for inspections, notices, and evictions under RSA 540

More New Hampshire Recording Laws

Back to New Hampshire Recording Laws

More New Hampshire Laws

Frequently Asked Questions

Can I secretly record my landlord in New Hampshire?

No. New Hampshire is an all-party consent state under RSA 570-A:2. Secretly recording a conversation with your landlord is a criminal offense, either a misdemeanor (if you are a participant) or a Class B felony (if you plant a hidden device). Use written documentation, photographs, and email follow-ups instead.

Can my landlord install cameras inside my apartment in New Hampshire?

No. Landlords cannot install cameras inside a tenant's rental unit without the tenant's explicit consent. Cameras in bathrooms or bedrooms are always prohibited under RSA 644:9. Even with consent, audio-enabled cameras trigger the all-party consent requirement under RSA 570-A:2.

Can my landlord have security cameras in common areas?

Yes. Landlords may install silent video cameras in common areas of multi-unit buildings such as lobbies, hallways, stairwells, and parking lots. Cameras with audio recording capability require all-party consent from anyone whose conversations are captured. Cameras are never permitted in bathrooms or changing areas.

How should I document problems with my rental in New Hampshire?

Take photographs and silent video of property conditions. Send written maintenance requests via email or certified mail. Keep a detailed log of all interactions with dates, times, and what was discussed. Follow up verbal conversations with summary emails. Get a witness present for important inspections. Save all text messages and written communications.

What can I do if my landlord is secretly recording me in New Hampshire?

Report the suspected recording to local law enforcement, as it may violate RSA 570-A:2 (wiretapping) or RSA 644:9 (voyeurism). Contact NH Legal Assistance for free legal help. You may sue for civil damages of $100 per day or $1,000 minimum under RSA 570-A:11. You may also have grounds to terminate your lease under RSA 540-A.

Sources and References

RSA 570-A:2 - Interception Prohibited(gc.nh.gov).gov
RSA 644:9 - Violation of Privacy(gc.nh.gov).gov
RSA 570-A:11 - Civil Damages(gencourt.state.nh.us).gov
RSA 540-A:2 - Quiet Enjoyment(gc.nh.gov).gov
RSA 540 - Eviction Procedures(gc.nh.gov).gov
NH AG Consumer Protection(doj.nh.gov).gov
RSA 625:9 - Classification of Crimes(gc.nh.gov).gov
RSA 651:2 - Sentences and Limitations(gc.nh.gov).gov