A New Hampshire lease agreement is the foundation for a smooth and secure rental experience in the Granite State. If you’re renting out a historic home in Portsmouth or a mountain getaway in the White Mountains, a well-crafted lease sets clear expectations, outlines responsibilities, and protects your property. It also ensures that both landlords and tenants comply with New Hampshire’s rental laws, helping to prevent misunderstandings down the road.
Disclosures (4)
State law requires landlords to include specific disclosures in every New Hampshire lease agreement to keep tenants informed and ensure compliance with state and federal regulations.
- Security deposit holdings: Landlords are required to give tenants a written statement outlining the amount of the security deposit, the name of the financial institution holding the deposit, and the account number. After 1 year of tenancy, tenants may also request the interest rate and account records. However, these written requirements don’t apply if the tenant paid the deposit by check (NH Rev Stat § 540-A:6-1-b).
- Move-in condition report: New Hampshire landlords must give tenants written notice that they need to return a list of any repairs or issues in the rental unit within 5 days of moving in (NH Rev Stat § 540-A:6-1-c).
- Methamphetamine production: If someone manufactured methamphetamine on the property and the New Hampshire Department of Environmental Services has not yet determined that it meets state cleanup standards, the landlord must disclose this in writing to prospective tenants before they sign the lease (NH Rev Stat § 477:4-g).
- Lead-based paint: For properties built before 1978, landlords must provide tenants with a lead-based paint disclosure form along with the federally required EPA pamphlet on lead hazards.
Optional Disclosures and Addenda
While these disclosures and addenda aren’t required by New Hampshire law, adding them to your lease can make expectations more straightforward for tenants and help your rental business operate more smoothly.
Asbestos disclosure: If the property contains asbestos, informing tenants allows them to take precautions and avoid disturbing asbestos fibers. This awareness can help reduce health risks and legal liability.
Bed bug disclosure: Providing information about past or suspected bed bug infestations, either in the unit or nearby, helps tenants understand their responsibilities for reporting new activity right away. Early communication can help prevent infestations from spreading.
Mold disclosure: Disclosing known or suspected mold issues, along with any remediation efforts, helps protect landlords from liability and informs tenants about proper maintenance to prevent further growth.
Landlord’s name and address: Supplying the landlord’s or authorized agent’s contact information ensures tenants know where to send notices or repair requests, as required by law. The contact information includes a mailing address, phone number, and email.
Non-refundable fees: If a landlord charges non-refundable fees, such as a cleaning or application fee, the lease must clearly state that these fees are non-refundable. Otherwise, tenants may be entitled to a refund at the end of the tenancy.
Late fee and returned check fee addendum: Clarifying these policies helps avoid confusion. New Hampshire doesn’t set a maximum late fee. Returned check fees cap at $25 unless the landlord and tenant agree in writing to a higher amount (NH Rev Stat § 358-C:5).
Shared utilities addendum: For properties where multiple units share a single utility meter, this addendum explains how the landlord will divide the costs, ensuring fair billing and transparency for tenants.
Medical marijuana policy: The addendum outlines the landlord’s policy regarding the use of medical marijuana. While New Hampshire allows qualified patients to use medical marijuana, landlords may restrict smoking to designated areas or limit use to non-smoking methods.
Smoking policy: A smoking addendum outlines where tenants may smoke and sets rules to prevent interference with other tenants’ quiet enjoyment of their homes.
Consequences of Not Including Mandatory Disclosures
Mandatory disclosures give tenants important information about the property’s health, safety, and condition, while also protecting landlords from future disputes. Omitting these disclosures can lead to real legal and financial trouble.
Moreover, landlords who neglect required federal or state disclosures may face tenant lawsuits, fines from state or federal agencies, or find that portions of their lease are legally unenforceable.
For example, violating federal lead-based paint disclosure requirements can result in fines reaching tens of thousands of dollars per violation. At the state level, failing to provide disclosures like the security deposit notice or move-in condition report can limit a landlord’s ability to make lawful deductions or enforce certain lease terms.
Security Deposit Regulations in New Hampshire
When it comes to security deposits, New Hampshire spells out precisely what landlords can and can’t do. Sticking to these guidelines not only keeps landlords in compliance but also helps prevent costly disputes with tenants.
Maximum amount: In New Hampshire, landlords may charge up to the equivalent of 1 month’s rent or $100, whichever is greater, as a security deposit (NH Rev Stat § 540-A:6(1)(a)).
Deposit receipt: Landlords must provide tenants with a written notice that states the amount of the security deposit, the name of the financial institution holding the deposit, and the account number (NH Rev Stat § 540-A:6(1)(b)).
Interest payment: If a landlord holds the deposit for more than 1 year, they must pay the tenant interest at the same rate as the bank account holding the deposit. Tenants may also request account records after 1 year of tenancy (NH Rev Stat § 540-A:6.IV).
Security deposit return: State law requires landlords to return the security deposit, along with any accrued interest, within 30 days after the tenancy ends. If they make deductions, they must provide an itemized list with receipts or evidence of costs (NH Rev Stat § 540-A:7.I.).
Deductions: New Hampshire landlords may deduct unpaid rent, the cost of repairing damage beyond normal wear and tear, and other lawful charges outlined in the lease. They should keep detailed records and receipts to support any deductions in case of a dispute (NH Rev Stat § 540-A:7.I.).
Rent Payment Regulations
When it comes to rent payments, New Hampshire gives landlords a lot of flexibility. That said, there are still essential guidelines to follow to stay compliant and avoid potential disputes with tenants.
Rent control/stabilization: New Hampshire does not have rent control or rent stabilization laws. Thus, landlords may raise rent at their discretion, as long as they follow the lease terms and provide proper notice before any increase takes effect.
Late rent fees: The state does not set a maximum late fee. Landlords may charge any reasonable amount as long as the lease clearly states the late fee.
Grace period: The law does not provide a mandatory grace period for rent payments. Unless the lease specifies otherwise, rent is due on the date outlined in the lease, and landlords in New Hampshire can consider it late if the tenant fails to pay by that date.
Tenant’s right to withhold rent: Tenants may withhold rent if the property has substantial health or safety violations that materially affect the habitability. However, tenants must follow the proper legal process, which typically includes notifying the landlord and giving them a reasonable time to make repairs (NH Rev Stat § 540:13-d).
Rental Agreement Violations
Even with a lease agreement in place, issues can still arise during a tenancy. New Hampshire law outlines specific steps landlords must take to address lease violations, missed rent payments, or other problems while staying compliant and avoiding legal trouble.
Lease violation: Should a tenant violate their lease, the landlord must provide a written notice that describes the violation and gives the tenant a chance to correct it. The required notice period typically depends on the type of violation. For most breaches, landlords must give at least 30 days’ written notice before pursuing eviction (NH Rev Stat § 540:3.II.).
Missed rent payment: If a tenant doesn’t pay rent on time, the landlord must serve a written demand for rent, called a “7-day Notice to Quit for Nonpayment,” before beginning eviction proceedings. Tenants then have 7 days to pay the overdue rent or vacate the property (NH Rev Stat § 540:3).
Lease abandonment: When a tenant moves out before their lease ends, they remain responsible for rent through the end of their lease term. However, New Hampshire law requires landlords to make reasonable efforts to re-rent the unit and mitigate damages (NH Rev Stat § 540-A:3.VII).
Self-help evictions: Actions such as changing the locks, shutting off utilities, or removing a tenant’s belongings without a court order are illegal in New Hampshire. Landlords must follow the formal eviction process through the courts. Violating these rules can result in penalties and tenant claims (NH Rev Stat § 540-A:3.I-II).
Terminating a Lease
Both landlords and tenants must follow specific rules when ending a lease in New Hampshire. The procedures vary, and landlords also have responsibilities when handling any property left behind.
Standard lease: Tenants who sign a fixed-term lease are expected to stay through the end of the lease period. However, New Hampshire law allows tenants to break a lease early in certain circumstances, such as active military duty under the Servicemembers Civil Relief Act (SCRA) (NH Rev Stat § 540:11-a) or when the rental unit becomes uninhabitable due to serious health and safety issues. Tenants may also end a lease if the landlord substantially violates their responsibilities (NH Rev Stat § 540:2).
Month-to-month lease: Either party may terminate a month-to-month tenancy by giving proper written notice. In most cases, New Hampshire law requires at least 30 days’ notice before the end of the rental period (NH Rev Stat § 540:3).
Property abandonment: If a tenant leaves personal belongings behind after moving out, landlords must store the property for 7 days and give written notice to the tenant before disposing of it. If the tenant does not claim the property within that time frame, the landlord may keep, sell, or discard the items (NH Rev Stat § 540-A:3.VII).
Renewing a Lease
The terms of the rental agreement largely govern lease renewals in New Hampshire.
Notice requirements: New Hampshire law does not require landlords to give tenants advance notice that they won’t be renewing a fixed-term lease, unless the lease itself includes such a requirement.
Required renewals: Landlords in New Hampshire are not legally required to offer tenants a lease renewal once the term ends. Renewal decisions are typically left to the landlord’s discretion, unless otherwise stated in the lease.
Landlord’s Access to Property
New Hampshire law sets clear rules for when and how landlords can enter a rental unit.
Immediate access: Landlords may enter a rental unit without advance notice only in emergencies, such as situations involving fire, serious water leaks, or other conditions that threaten health, safety, or property (NH Rev Stat § 540-A:3.IV-a).
Notice requirements: For non-emergency situations, landlords must provide prior notice and enter at a reasonable time. While New Hampshire law doesn’t set a specific number of hours or days, notice should give the tenant a fair opportunity to prepare for the entry (NH Rev Stat § 540-A:3.IV-a).
Harassment: Repeatedly entering the property without proper notice or legitimate reason is landlord harassment. Acting in this manner allows the tenant to pursue legal action or even break the lease (NH Rev Stat § 540-A:2).
