Breaking a lease agreement in New Hampshire can feel messy, but state law gives tenants clear rights to move out early without paying extra fees or facing penalties. This guide explains those rights, outlines potential financial or legal consequences, and helps both parties manage early termination responsibly.
Legal Reasons to Break a Lease Early in New Hampshire
In New Hampshire, both landlords and tenants can sometimes end a lease before it expires when certain legal or practical conditions exist, such as:
1. Active Duty Military
Federal law allows tenants to break a lease early when they receive active-duty military orders. The rule applies to service members who relocate for deployment or receive permanent change-of-station (PCS) orders, and it stays in effect from the first day of active service through 30 to 90 days after discharge.
Eligible tenants include members of the Armed Forces, National Guard, and Reserve serving more than 30 days, as well as officers in the Public Health Service or NOAA with valid deployment or relocation orders.
To end the lease, tenants must provide written notice and a copy of their orders to the landlord. The lease officially ends 30 days after the start of the next rent period, which gives both sides a fair amount of time to adjust and plan for the move.
Supporting law: Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901–4043
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
2. Domestic Abuse, Sexual Violence & Stalking
Tenants in New Hampshire who face domestic violence, sexual assault, or stalking can legally end their lease early without paying penalties. State law protects renters who submit the proper documentation, giving survivors a lawful way to leave unsafe housing without financial losses.
To qualify for early termination, the abuse must involve physical harm, attempted violence, sexual assault, or actions that cause a reasonable fear of danger. Further, the perpetrator doesn’t have to live in the same home for the protection to apply.
Tenants must give written notice and valid proof (such as a court-issued protective order, police report, or signed statement from a certified support agency). Once the landlord receives notice, the lease will end within 30 days, while tenants remain responsible for rent and damages through that period.
Supporting law: N.H. Rev. Stat. § 540:2
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
3. Uninhabitable Living Conditions
Tenants in New Hampshire can end a lease early without penalty when serious health or safety issues make a rental unfit to live in and the landlord refuses to fix them after written notice. This right applies only when the tenant didn’t cause the problem and the condition violates the landlord’s duty to maintain habitable housing.
State law requires landlords to keep rentals safe, sanitary, and functional. Common habitability violations include:
- Ineffective weatherproofing or roof leaks
- Faulty or unsanitary plumbing systems
- No access to hot or cold running water
- Unsafe or insufficient heating during cold months
- Broken stairs, floors, or structural hazards
To end a lease under these circumstances, tenants must give written notice describing the issue and allow a reasonable time for repairs. If the landlord ignores the problem and the property remains unlivable, tenants may move out and treat the lease as terminated. Keeping copies of repair requests and inspection reports helps support the tenant’s case.
Supporting law: N.H. Rev. Stat. § 540-A:13
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
4. Landlord Harassment or Privacy Violations
Tenants in New Hampshire can legally break a lease early when a landlord’s conduct violates their privacy, safety, or right to peaceful use of the property. State law bans harassment, illegal entry, and deliberate disruption of essential services, giving tenants the right to move out when landlords cross those lines.
Common examples of landlord harassment in New Hampshire include:
- Unlawful entry: Entering the unit without permission or proper notice (except during emergencies)
- Constructive eviction: Cutting off heat, electricity, or water, or locking a tenant out of the unit
- Failure to repair: Ignoring written repair requests for major health or safety concerns
- Discrimination: Singling out or mistreating tenants based on protected characteristics under the Fair Housing Act
To terminate the lease, tenants must document the violations, notify the landlord in writing, and move out within a reasonable timeframe if the behavior continues. Tenants can later seek compensation or a court order if the landlord’s actions broke state housing laws.
Supporting law: N.H. Rev. Stat. §§ 540-A:2, A:3
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
5. Unenforceable or Void Lease Agreement
Tenants in New Hampshire can break a lease early without penalty when the agreement violates contract law or involves an illegal rental.
A lease becomes void or unenforceable in New Hampshire when:
- Signed under duress: Threats, physical intimidation, or coercion eliminate genuine consent
- Signed by a minor: Anyone under 18 cannot legally enter into a binding lease agreement
- Covers an illegal unit: Housing that’s condemned, unsafe, or lacks required permits and utilities violates state or local codes
Once a lease loses legal standing, tenants can move out immediately. The landlord must return the security deposit, and if they refuse, tenants can recover the money through small claims court.
Supporting law: N.H. Rev. Stat. §§ 540-A:2, A:3
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
6. Landlord Retaliation
Tenants in New Hampshire can’t automatically end a lease over landlord retaliation, but state law protects them when they stand up for their legal rights. Landlords cannot punish tenants for reporting violations, requesting essential repairs, or exercising protections guaranteed under housing and health codes.
Examples of protected tenant actions include:
- Exercising legal rights: Invoking rights granted under New Hampshire’s landlord-tenant or housing statutes
- Reporting violations: Contacting code enforcement or health officials about unsafe conditions
- Requesting repairs: Submitting written maintenance or repair notices to the landlord
- Filing complaints: Bringing concerns to housing or government agencies
Examples of landlord retaliation include:
- Filing for eviction: Trying to remove a tenant after they report a housing issue
- Reducing services: Cutting off utilities or limiting access to the property
- Raising rent unfairly: Increasing rent shortly after the tenant asserts a legal right
- Harassment: Threatening, intimidating, or coercing tenants to vacate the unit
Tenants should keep written proof (like repair requests, complaint filings, or inspection reports) to strengthen a potential retaliation claim. Landlords can defend themselves only by showing valid reasons for their actions, such as nonpayment of rent or prior renovation plans unrelated to the tenant’s complaint.
Supporting law: N.H. Rev. Stat. §§ 540-A:3, 540-A:4
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
7. Mutual Agreement Between Landlord & Tenant
In New Hampshire, a lease can end early when both the landlord and tenant agree in writing. These mutual terminations often stem from direct conversation or from a clause already built into the lease. Every agreement should be documented and signed by both parties to make it official.
Common situations that lead to mutual termination include:
- Job relocation or transfer
- Financial strain or job loss
- Family or medical needs
- Property sale
- Major renovations or redevelopment
- Tenant buying a home
When discussing early termination, tenants should explain their circumstances clearly and propose reasonable terms. Both parties can then agree on details like notice length, rent owed through move-out, and how to handle the security deposit. Once signed, the agreement finalizes the process and keeps both sides compliant with New Hampshire contract law.
Other Legal Reasons for Breaking a Lease in New Hampshire
Tenants in New Hampshire may legally end a lease early under specific state or federal protections that go beyond typical landlord-tenant law. These exceptions apply to rare situations unrelated to repair disputes or landlord misconduct, giving renters the right to leave without financial consequences.
Other legal reasons include:
Condemnation of the rental property: When building or health officials declare a unit unsafe or unfit for occupancy, the lease ends immediately, and the tenant no longer owes rent.
Supporting law: N.H. Rev. Stat. § 540:13-d
Natural disasters that render the unit uninhabitable: Fires, floods, or similar disasters that severely damage a rental and make it unsafe allow tenants to terminate the lease without penalty once they notify the landlord.
Supporting law: N.H. Rev. Stat. § 540:13-d
These less common situations are still recognized under New Hampshire law. Tenants must usually give proper notice and supporting documentation to the landlord.
Consequences for Illegally Breaking a Lease
Tenants in New Hampshire who move out without a legal reason risk losing their security deposit, facing a civil suit from the landlord, harming their credit, or earning negative references that make renting again more difficult.
Landlord’s Duty to Mitigate Damages in New Hampshire
New Hampshire state law requires landlords to take reasonable action to limit losses when a tenant leaves early. They must make a good-faith effort to re-rent the unit instead of billing the tenant for the entire remaining lease term. Once a new renter moves in, the former tenant will only owe rent for the time the property sat empty.
Supporting law: N.H. Rev. Stat. § 540-A:2
Tenant’s Right to Sublet in New Hampshire
Tenants in New Hampshire don’t have an automatic right to sublet their rental unit. They need the landlord’s written permission unless the lease already authorizes subletting. When allowed, subletting can help offset rent costs by transferring payment responsibility to another renter. Nevertheless, the original tenant will remain fully responsible for rent and any property damage.
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