A New Hampshire month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.
Basics of a New Hampshire Month-to-Month Rental Agreement
In New Hampshire, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.
Parties under a month-to-month lease enjoy full rights under New Hampshire landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party for any reason without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in New Hampshire
New Hampshire landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Move-In Checklist – Landlords must provide tenants with a move-in checklist to take inventory of existing property damage before move-in.
- Security Deposit Holdings Disclosure – New Hampshire landlords who hold a tenant’s security deposit (except as a check) must disclose the holding information to the tenant in the lease.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in New Hampshire
New Hampshire lets both the landlord or tenant terminate a month-to-month lease with at least 30 days of advance notice. In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.
New Hampshire requires written notice to end a month-to-month lease.
Required Notice To Raise the Rent on a New Hampshire Month-to-Month Lease
New Hampshire requires that notice for a rental increase be delivered in writing, but doesn’t specify a particular timeframe for that notice. This means in most cases it’s reasonable for a landlord to keep the same standard advance notice provided for termination or other major lease changes, which in New Hampshire is 30 days.
Eviction in New Hampshire Month-to-Month Rentals
New Hampshire tenants may face eviction for violating a month-to-month lease or remaining on the property after the notice period allowed by a valid termination. Evictions in New Hampshire typically take one to two months.
For more information on the eviction process in New Hampshire, click here.
Sources
- 1 N.H. Rev. Stat. s. 540:11
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I. A lessee may terminate his or her lease by notice in writing, in the same manner as the lessor, and the notice shall have the same effect for all purposes as a notice by the lessor to the lessee.
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II. A tenancy at will, from month to month, may be terminated by the lessee upon 30 days notice; provided that if the date of termination given in the notice does not coincide with the rent due date, the lessee is responsible for the rent for the entire month in which the notice expires, up to the next rent due date, unless the terms of the lease provide otherwise.
