New Hampshire Rental Agreement
A New Hampshire rental agreement is a legal contract between a landlord overseeing a rental property and a tenant who wishes to use it. New Hampshire landlord-tenant law governs these agreements; rental terms must be within the limits allowed by law.
New Hampshire Rental Agreement Types
A New Hampshire residential lease agreement (“rental agreement”) is a legal contract for a tenant to rent a residential property from a landlord, subject to terms and conditions agreed by all parties.
A New Hampshire month-to-month lease agreement is a contract (not necessarily written) where a tenant rents property from a landlord. The full rental term is one month, renewable on a month-to-month basis.
New Hampshire landlords may use a rental application form to screen prospective tenants. A rental application collects information relating to finances, rental history, and past evictions.
A New Hampshire sublease agreement is a legal contract where a tenant ("sublessor") rents (“subleases”) property to a new tenant (“sublessee”), usually with the landlord’s permission.
A New Hampshire roommate agreement is a legal contract between two or more people (“co-tenants”) who share a rental property according to rules they set, including for things like splitting the rent. This agreement binds the co-tenants living together, and doesn’t include the landlord.
A New Hampshire commercial lease agreement is a legal contract arranging the rental of commercial space between a landlord and a business.
New Hampshire Required Residential Lease Disclosures
- Move-In Checklist(required for some leases) – New Hampshire landlords can’t charge a security deposit unless they provide a move-in checklist for the property to inventory any features with existing damage. The tenant must confirm the contents of of the checklist.
- Security Deposit Holdings Disclosure(required for some) leases – New Hampshire landlords must provide tenants with the holding institution and account number when collecting a security deposit.
- Lead Based Paint Disclosure(required for some leases) – For any property built before 1978, federal law requires that a New Hampshire residential lease must contain a lead-based paint disclosure with an EPA informational pamphlet, plus notice of any lead hazards on the property.
To learn more about required disclosures in New Hampshire, click here.
New Hampshire Landlord Tenant Laws
- Warranty of Habitability – New Hampshire landlords can only rent out habitable property, which means providing certain features essential to basic health and safety. This includes things like heat, plumbing, electricity, and sound structural elements. Landlords must repair any issues within 14 days after proper notice from the tenant. Failure to repair lets a tenant sue the landlord or terminate the lease. Tenants in New Hampshire aren’t allowed to repair and deduct, or withhold rent.
- Evictions – New Hampshire landlords may evict for rent default, lease violations, or illegal acts, among other things. Before filing eviction, landlords must serve tenants with prior notice to pay or quit, depending on the eviction type. This means most evictions in New Hampshire take between a week to over a month.
- Security Deposits – New Hampshire caps most security deposits at a maximum of 100 or 1 month’s rent (whichever is greater), although there are exceptions. A landlords must return any unused portion of a security deposit within 30 days of lease termination.
- Lease Termination – New Hampshire allows tenants to terminate a month-to-month lease with 30 days of advance notice. A fixed-term lease can’t be terminated early without active military duty, landlord harassment, uninhabitable property, or domestic abuse.
- Rent Increases and Fees – New Hampshire landlords may increase rent as much as they want, for any reason. They must provide notice of any rent increase at least 30 days in advance. New Hampshire generally doesn’t cap fees, either, including bounced check fees.
- Landlord Entry – New Hampshire landlords may enter rental property for purposes reasonably related to the tenancy, such as maintenance and inspections. There is no specific entry statute, so a landlord may enter with reasonable advance notice at any reasonable time.
- Settling Legal Disputes – New Hampshire allows landlord-tenant disputes in small claims court, as long as the value in controversy is under $10,000. Evictions are not allowed in small claims. New Hampshire has a three-year statute of limitations for most landlord-tenant issues.
To learn more about landlord tenant laws in New Hampshire, click here.
