The New Hampshire month-to-month rental agreement or “tenancy at will,” allows a tenant to pay a monthly fee in exchange for the use of the landlord’s residential property. This document has no end date but enables either party to alter or terminate the agreement monthly.
With a month-to-month rental agreement, the two parties, which are the lessee and the lessor, agree to a truncated lease that’s significantly more freeing then a typical fixed-term lease. With one of these leases, the actual lease duration is a month, and the lease will automatically renew in subsequent months into perpetuity. As a result, breaking the lease can be done at any time, as long as the party breaking the lease gives ample notification.
These leases are useful for any tenant that wants to live in an area for a brief period, and it’s also perfect for landlords that are only considering renting their property out for only part of the time. This is also an easy way for landlords to end unfavorable leases without the legal requirement to provide cause.
New Hampshire Requirements for a Month-to-Month Lease Termination
In the state of New Hampshire, the state’s § 540:2 establishes the rights and protections of the month-to-month lease in the state. For both parties, § 340:3(II) establishes that 30 days’ worth of notice must be provided before making the unit vacant. This period provides tenants enough time to find new dwellings, and it provides the landlord with enough time to seek out new tenants for the property. For these documents of notification, it’s recommended that the landlord or tenant send them via a certified letter, which will verify receipt by the other party. Once the other party has the notice in hand, the 30-day period begins.
Raising the Rent in New Hampshire
For landlords, keeping rent at a favorable level can help ensure profitability, but with a fixed-term lease, this can sometimes be problematic because of the fact that rent cannot be raised until a lease term has expired. With a month-to-month rental, the lease term is only one month, so landlords can easily raise the rent value when needed. This is provided for by New Hampshire § 340:2(II), and a tenant is liable for eviction if they refuse to comply with a stated rent increase. Fortunately, before the rent can go up, the landlord must provide 30 days’ worth of notice.