A New Hampshire lease agreement is a document written according to New Hampshire’s landlord-tenant laws. The lease agreement creates a legally binding contract between the landlord and their tenant(s). The landlord agrees to rent out all (or a part of) their property to a tenant, and they agree to the terms and conditions within the lease agreement.
Rental Lease Laws Overview
- Rent Control: No
- Limit on Late Fees: No
- Late Fees in Rental Agreement: Yes
- Grace Period: No
- License Required for Landlord: No
A rental application is required from tenants to evaluate their eligibility.
By Type (6)
Standard Lease Agreement
Facilitates a rental agreement between a landlord and a tenant for residential property.
Commercial Lease Agreement
Lets a landlord and a tenant enter a relationship so the tenant can rent commercial property for conducting their business.
Rent-to-Own Lease Agreement
Establishes a landlord-tenant arrangement and gives a tenant the choice to buy the property after the lease ends.
Month-to-Month Rental Agreement
Renews automatically every month unless terminated.
Sublease Agreement
Creates a supplementary lease agreement where the original tenant remains responsible to the original landlord.
Room Rental Agreement
Governs room renting and outlines financial commitments among individuals leasing separate rooms within a shared living space.
Required Lease Disclosures
A landlord must inform a tenant if the building they’re renting was built before 1978. [1] The building’s interior may contain lead paint, which can lead to lead poisoning, particularly in young children and pregnant women.
Some other disclosures, according to the New Hampshire Revised Statutes Annotated (RSAs), are:
- Lease copy: A landlord must issue a copy of the lease with the parties’ signatures to the tenant within 30 days. [2]
- Move-in checklist: A landlord must provide a tenant with a list of necessary repairs within five days of the tenant moving in. [3]
- Security deposit receipt: A landlord must provide a tenant with a copy of their security deposit receipt unless they paid with a government-issued check, a bank check, or a personal check. The receipt must specify where the landlord is holding the funds. [4]
Security Deposit
- Maximum Amount: Up to one month’s rent or $100, whichever is greater. However, if the landlord owns more than six rental units, they can only require a maximum of one month’s rent as a security deposit. [4]
- Receipts: Landlords are required to provide a written receipt for any security deposit received. This receipt must include the amount of the deposit, the date it was received, and a description of the rental property.
- Interest Payments: Landlords must pay interest on security deposits if they hold the deposit for a year or longer. The interest must be paid annually and can be returned to the tenant or deducted from their rent.
- Bank Account: Landlords must keep security deposits in a separate, interest-bearing account in a New Hampshire bank. The account must be separate from the landlord’s personal funds.
- Returning Requirements: Landlords are required to return the security deposit within 30 days after the tenant moves out. If any portion of the deposit is withheld for damages, the landlord must provide an itemized list of damages and the costs of repair within this 30-day period. [5]
- Withholding Rules: Landlords may only withhold funds from the security deposit for unpaid rent, damage beyond normal wear and tear, or for the cost of storing or disposing of the tenant’s personal property left behind. An itemized statement of deductions must be provided. [5]
Rent Payment
- Laws: Rent is typically due on the first of each month unless the lease specifies a different date. Tenants and landlords can agree on alternative arrangements in the lease agreement.
- Rent Control: New Hampshire does not have rent control laws, meaning there are no state-imposed limits on how much a landlord can increase the rent. Rent increases are subject to the terms of the lease agreement.
- Late Fees and Grace Period: No maximum amount for late fees, but they must be reasonable and disclosed in the lease agreement. Late fees can only be imposed if rent is overdue and the terms were clearly outlined in the lease before the tenancy began. A 7-day notice to pay or quit should be sent before a landlord can begin eviction proceedings.
- Withholding Rent: Tenants have the right to withhold rent if the landlord fails to address serious habitability issues after receiving written notice. If the problem is not resolved within 14 days, tenants can withhold rent or use it to make necessary repairs. If a government agency has issued a notice about the issue, tenants may withhold rent immediately without additional notice to the landlord. [6]
Landlord Right of Entry
- Notice Requirements: A landlord must provide reasonable written or verbal notice before entering the property when a tenant lives there. [7]
- Keys, Locks, and Security: If a tenant requests a lock change due to domestic violence, the landlord must pay for it. Otherwise, landlords need the tenant’s permission to change locks.
Property Repairs
- Landlord Responsibilities: Landlords must maintain rental properties in a habitable condition, repair issues promptly, and ensure essential services like heat, water, and electricity are available. They are also required to ensure the property meets health and safety codes.
- Tenant Repairs: Tenants must keep their rental units clean, use fixtures and appliances properly, follow health and safety regulations, avoid intentional damage, and notify landlords promptly of any necessary repairs.
- Abandonment: If a tenant abandons the property, landlords should make reasonable efforts to re-rent the property. There is no specific period set for abandonment. Landlords must provide a 14-day notice for unpaid utilities before taking action. lt_source id=”8″]
Terminating a Lease
- Month-to-Month Tenancy: Either the landlord or the tenant can terminate a month-to-month tenancy by providing written notice at least 30 days before the next rent payment is due. This notice period is consistent for both parties.
- Unclaimed Property: If a tenant leaves personal property behind after moving out, the landlord must notify the tenant in writing. The tenant is given a reasonable period to retrieve their belongings, typically 7 days after receiving the notice. If the tenant does not collect the property within this time frame, the landlord may dispose of it. The landlord may sell or discard the items, but they must first make a reasonable effort to notify the tenant. [8]
Sample
If you want to start outlining your terms so you can rent out your property, download our New Hampshire lease agreement template as a PDF or Word file below:
