New Hampshire Residential Lease Agreement

Last Updated: June 8, 2022 by Elizabeth Souza

The New Hampshire residential lease agreement (“rental agreement”) conveys a landlord’s right to occupy their premises to a tenant for a monetary payment. Within the contract are stipulations that each party must adhere to in order to maintain a valid agreement.

New Hampshire Lease Agreement Disclosures

The below disclosures are required for all or some residential lease agreements in New Hampshire.

Disclosure Applicable to
Move-In Checklist All Units Requiring Security Deposit
Security Deposit Holdings All Units Holding a Security Deposit
Lead Paint All Units Prior to 1978
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Move-In Checklist

Applicable to all rental units that charge a security deposit in New Hampshire.

If a New Hampshire landlord intends to charge a security deposit they must provide an inventory of the rental unit’s condition in the form of a move-in checklist. This checklist does not necessarily have to be attached to the rental agreement, but it does need to be inspected and agreed to by the prospective tenant within five days of occupancy.

The checklist should include any current damage or specific furnishings that are included (such as appliances or furniture) that must be returned in the same state they were upon move-in. It must also highlight any conditions that need to be remedied for the habituality of the dwelling.

Download: New Hampshire Move-In Checklist Disclosure Form (PDF)

Security Deposit Holdings Disclosure

Applicable to all rental units holding a security deposit in New Hampshire.

When charging and holding a security deposit (except as a check), a New Hampshire landlord must disclose the holding information to the tenant in the lease.  This receipt includes the location of the funds and the account number.

SECURITY DEPOSIT HOLDINGS DISCLOSURE. The security deposit of $____, highlighted in this lease, can be found at the following location:

BANK:_____
ACCOUNT #:_____

This does not apply for security deposits that are paid via check.

Download: New Hampshire Security Deposit Holdings Disclosure Form (PDF)

Lead-Based Paint Disclosure

Applicable to any rental units built prior to 1978.

It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints. This law requires landlords in New Hampshire to:

  • Fill out and attach this lead-based paint disclosure form to the lease agreement.
  • Provide the tenant with an Environmental Protection Agency (EPA)-approved pamphlet about the dangers of lead-based paint.
  • Provide additional records or reports about the presence or hazards of any known lead-based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.

Download: New Hampshire Lead-Based Paint Disclosure Form (PDF)

Optional Disclosures & Addendums (Recommended)

The below lease agreement disclosures and addendums are not required by New Hampshire law. These disclosures can be helpful to include to help reduce future conflicts with tenants or reduce legal liability for landlords.

Optional Disclosure How the Disclosure is Helpful
Asbestos This disclosure informs tenants if there is asbestos at the property. If there is asbestos a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers.
Bed Bugs If the rental unit has a history of infestation, landlords should provide information on how to handle a bed bug infestation. This disclosure notifies the tenant of their obligation to cooperate with bed bug prevention and immediately report any sign of infestation to the landlord.
Landlord’s Name & Address Creates a line of communication for important notices and demands between tenant and landlord. Landlords or any authorized individual to act on behalf of the property should provide contact information (including their address) within or alongside the lease.
Late/Returned Check Fees Landlords should disclose if they will charge a late fee or a returned check fee in the lease agreement. In New Hampshire there are no restrictions on late fees and a $25 limit on bounced checks.
Medical Marijuana Use Inform tenants if medical marijuana use on the property is permittable. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only or inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises.
Mold Disclosure Informing the tenant of the current mold status of a property protects the landlord against future liability of mold damages.
Move-in Checklist A move-in checklist holds the tenant accountable for future damages that they may cause.
Non-Refundable Fees A non-refundable charge must be written in the lease agreement. If a non-refundable charge is not written in the lease, the tenant may be subject to a refund upon termination of the lease.
Shared Utilities Arrangements For rental units with shared utilities, a landlord should disclose the specifics of how they are shared, and how each party’s bill is calculated. Providing this information to tenants will give them a reasonable expectation of what they owe each month.
Smoking Inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises.

Consequences of Not Including Mandatory Disclosures

Disclosures outline the important health, safety, and property information and vary by state. If a landlord does not provide the tenant with the federally or state-mandated disclosures, they could face legal repercussions or monetary penalties.

If a landlord fails to disclose the lead-based paint hazard disclosure, they can face fines of up to $18,364 per violation. (24 CFR § 30.65)

It’s best to check with your local and state laws on which disclosures you must provide to your tenant.

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