If you’re renting out a property for less than 6 months, you may not need a traditional fixed-term lease. Instead, a New Hampshire month-to-month lease agreement is a better fit. These short-term contracts renew each month, giving landlords more flexibility than a strict start and end date.
When landlords lease to a “tenant-at-will,” rental laws still govern the process. Here’s a complete guide to creating a month-to-month lease in the Granite State, along with a helpful free template.
Disclosures (4)
Federal and state rental laws require landlords to add these four disclosures to their New Hampshire month-to-month lease agreement:
Move-in checklist: Give tenants a checklist outlining the property’s condition and existing damage within 5 days of move-in (N.H. Rev. Stat. § 540-A:6).
Security deposits: Share the following information with tenants:
- Security deposit amount
- The financial institution’s name
Also, landlords must provide them with the account number, interest rate, and account records upon request after 1 year (N.H. Rev. Stat. § 540-A:6).
Methamphetamine disclosure: Landlords must inform tenants in the following circumstances:
- Someone produced methamphetamine in the rental property
- The cleanup doesn’t meet the Department of Environmental Services’ remediation standards (N.H. Rev. Stat. § 477:4-g).
Lead-based paint: Federal law requires landlords to disclose all lead-based paint hazards if the residential property was built before 1978 (42 U.S.C. § 4852d).
Optional Disclosures and Addenda
Stay on the same page and avoid misunderstandings by adding the following statements to their rental agreement:
Asbestos: Tell tenants about asbestos in the home.
Bed bugs: Inform tenants about the unit’s bed bug infestation history.
Mold: Disclose the property’s mold history and explain treatment and prevention methods.
Landlord’s name and address: Share the landlord’s (or property manager’s) contact info.
Non-refundable fees: List out any fees landlords don’t return to the tenant, including pet fees.
Late/returned check fees: New Hampshire law caps returned check fees to $25 unless both parties agree to a higher amount in writing (N.H. Rev. Stat. § 358-C:5).
Medical marijuana: Consider including rules for medical marijuana use on the property.
Shared utilities: If the property uses a shared utility meter, tell tenants how the landlord calculates each unit’s bill.
Smoking policy: We recommend outlining designated smoking areas and any other restrictions.
Additional New Hampshire Month-to-Month Lease Laws
Beyond mandatory disclosures, state law regulates termination notices, rent increases, security deposits, and more. Here’s a rapid-fire run-through:
Notice to Terminate a Month-to-Month Agreement
In New Hampshire, both landlords and tenants must give the same amount of notice. Both landlords and tenants must give the other party at least 30 days’ written notice to end a lease (N.H. Rev. Stat. § 540:2).
Laws Governing Rent Increases
Because state law doesn’t limit price increases, landlords can raise the rent by any reasonable amount. However, they must provide at least 30 days’ written notice before implementing the change (N.H. Rev. Stat. § 540:2).
Lease Violations and Eviction
Here’s what the law says about New Hampshire’s month-to-month lease agreement violations:
Missed rent payment: Give the tenant a 7-day Notice to Pay or Quit. But after a tenant misses three payments in 12 months, landlords don’t have to give them 7 days to resolve the issue. In these cases, landlords can begin the eviction process immediately (N.H. Rev. Stat. § 540:3, § 540:9).
Lease violation: Issue a 30-day Notice to Terminate with a 14-day Right to Cure or Quit. In extreme circumstances, landlords may be able to send a 7-day Notice to Quit instead (N.H. Rev. Stat. § 540:3).
Lease abandonment: Landlords can use the tenant’s security deposit to cover unpaid rent. In some cases, landlords may seek additional damages from tenants (N.H. Rev. Stat. § 540-A:4-XII).
Self-help evictions: Landlords can’t use self-help eviction methods, such as lockouts or removal of personal belongings, to force tenants out of their property in New Hampshire.
Rent Payment Laws
New Hampshire law doesn’t regulate a landlord’s rent policy as much as other states do. Keep the following points in mind:
Rent control/stabilization: State law doesn’t mandate rent control or stabilization.
Late rent fees: New Hampshire doesn’t cap late fees, either.
Grace period: Landlords don’t have to include a grace period in their New Hampshire month-to-month lease agreement.
Tenant’s right to withhold rent: Tenants may deduct utility costs from their rent payments in the following situations:
- The landlord fails to cover utilities as agreed (N.H. Rev. Stat. § 540:2)
- The landlord violates health and safety codes (N.H. Rev. Stat. § 540:13-d)
Pet rent laws: Federal law prohibits landlords from charging fees or monthly rent for service animals or Emotional Support Animals (ESAs) (42 U.S.C. § 3601 et seq.).
Security Deposits
Keep their security deposit protocol compliant by following these rules:
Maximum amount: State law caps security deposits at the greater of 1 month’s rent or $100 (N.H. Rev. Stat. § 540-A:6).
Deposit receipt: When tenants pay by any method other than checks, landlords must provide a receipt, including:
- The amount paid.
- The financial institution that’s holding the funds (N.H. Rev. Stat. § 540-A:6).
Interest payments: If landlords hold a tenant’s deposit for longer than 1 year, landlords must pay the tenant any interest the deposit earns (N.H. Rev. Stat. § 540-A:6).
Security deposit return: Return the deposit’s remaining balance within 30 days of termination (N.H. Rev. Stat. § 540-A:7).
Deductions: Provide an itemized list of deductions in writing, including all estimates and invoices for repairs (N.H. Rev. Stat. § 540-A:7).
Property Access Laws
In New Hampshire, tenants must approve their entry request unless it’s a sudden emergency. Here’s how it works:
Advance notice: State law requires landlords to notify tenants, but doesn’t set a specific notice period. Most landlords give 24 hours’ notice (N.H. Rev. Stat. § 540-A:3-IV).
Immediate access: In emergencies, such as floods or fires, landlords can enter the property without notice (N.H. Rev. Stat. § 540-A:3-V-d).
Harassment: Landlords can’t harass tenants by showing up or entering without notice. If landlords harass tenants in any way, they can typically terminate their lease early (N.H. Rev. Stat. § 540-A:2).
