A New Hampshire sublease agreement allows you to rent out property you’re already renting to a new person (or “subtenant”). Based on your preferences, you can let this subtenant live on part of the property (assuming you still want to live there), or you can sublet the entire property to them if you’re living elsewhere.
Keep in mind that your subtenants need to follow all the terms in the original lease while using your rental. Despite that, you’re still responsible for the condition of the property and making all rent payments on time and in full.
If you’re unsure just how to create an effective New Hampshire sublet agreement, download our form and use this guide to learn just how to fill it out.
Free Template Download
Download this blank and fillable New Hampshire sublease agreement form into MS Word (.docx) or Adobe PDF. To save time and ensure everything is filled out correctly, we recommend using our free New Hampshire sublease agreement builder or reading our steps on how to write a New Hampshire sublease agreement below.
Download: MS Word (.docx) or Adobe PDF
How to Write a New Hampshire Sublease Agreement
- Add dates — Define the beginning and end dates for the sublease term.
- Identify the type of property — List whether it’s a house, apartment, condo, or other type of housing.
- Include the property address — Use the ZIP+4 format to write down the subleased property’s address.
- Detail other characteristics — List all bedrooms, storage spaces, and other parts of the property that are available for the subtenant to use.
- Add restrictions — Clearly state the additional rules for pets, smoking, and more without contradicting the original lease.
- Attach your original lease — Make a copy of the original lease and attach it to the sublease agreement. This ensures the subtenant is familiar with terms in the lease, which they must follow in addition to the terms in the sublease.
- Provide the landlord’s name — Jot down the name of your landlord and their contact information (phone number, physical address).
- Give them your name — Write your full name along with anyone else listed as a tenant on the original lease.
- Write in your address — Give your current address, so your subtenant knows how to contact you. That’s either the property you’re partially subleasing and living on, or any other place you can receive physical mail.
- Clearly identify your subtenants — List all the subtenants who will be staying at the rental property.
- Complete rent calculations — Indicate how much rent you pay, along with the portion of rent the subtenant owes. Do the same for utilities, fees, the security deposit, and other expenses.
New Hampshire Sublease Laws
You should check your original lease agreement to see if you’re allowed to sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in New Hampshire. Once you’ve filled out a New Hampshire sublease agreement, you will be responsible for your subtenant and liable for any violations of the original lease.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all New Hampshire laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
New Hampshire Landlord-Tenant Laws: Title LV, Chapter 540 of the New Hampshire Statutes (Actions Against Tenants)
In New Hampshire, a sublessor must:
- Give a subtenant seven days (7) written notice to pay rent or leave
- Return the security deposit within thirty days (30) of the end of the sublease
- Provide thirty days (30) written notice of your intent to not renew the sublease and/or original lease
New Hampshire Sublease FAQs
Do New Hampshire state laws allow subletting?
Yes, in New Hampshire, you’re legally allowed to sublet your rental as long as it’s not explicitly forbidden in the original lease document. Make sure to read through the lease from top to bottom in search of any mention of subletting.
If your original lease doesn’t mention subletting, you’re free to write up your sublease agreement and find your ideal subtenants. However, it’s always a good idea to let your landlord know that you intend to sublease their rental property.
Do I need to get my landlord’s permission before subletting?
Although you’re not legally required to get your landlord’s permission before subletting in New Hampshire, it’s smart to let them know about your intention to sublet their property. You can either give them a call or send out a letter letting them know about you’d like to sublease the rental.
What can I do if my lease has a subletting clause?
If your lease has a sublease clause that prevents you from subletting, you can talk to your landlord to see if they will amend the terms. If they’re open to changing their position on subletting, have them provide the lease amendment in writing.
Is it possible to end a sublease agreement?
You can only evict your subtenants if they break the terms of the sublease agreement and don’t make amends to them. Applicable reasons for eviction in New Hampshire include:
- Lease violations
- Missing rent payments
- Damage to the structure and premises
- Unsafe or harmful behaviors by the subtenants
You must give your subtenants a chance to resolve the problem by paying their rent in full, covering the repair costs, or ceasing the problematic behavior. If they continue to violate the lease, then you can send out written notice to quit or leave with a 7 to 30 day deadline depending on the cause.
Why do I need a sublease agreement for my subtenants?
A sublease agreement protects you from any disputes about rent payments, property usage, and other important terms. You can then use the document to back up your claims if you decide to pursue damages due to your subtenants going back on their obligations.
