A New Hampshire residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.
New Hampshire Residential Lease Agreement Disclosures
These disclosures are required for some or all residential lease agreements in New Hampshire:
| Disclosure | Applicable To |
|---|---|
| Move-In Checklist | All Units Collecting a Security Deposit |
| Security Deposit Holdings | All Units Holding a Security Deposit |
| Lead Paint | All Units Built Before 1978 |
Move-In Checklist
Applicable to all New Hampshire rentals collecting a security deposit.
New Hampshire landlords must provide a move-in checklist to inventory existing property damage, when the tenant takes possession of the rental property. The checklist should be completed within five days of move-in. This enables accurate deductions from the security deposit upon move-out.
The checklist must specify any current damage or particular furnishings that must be kept in identical condition until move-out. It must also highlight any conditions that affect habitability on the property.
Download: New Hampshire Move-In Checklist Disclosure Form (PDF)
Security Deposit Holdings Disclosure
Applicable to all New Hampshire rentals holding a security deposit.
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. This receipt of disclosure must include the location of the funds and the account number.
This is an example of a security deposit holdings disclosure:
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 New Hampshire rental units built before 1978.
For any property built before 1978, federal law requires that a New Hampshire residential lease must contain a lead-based paint disclosure. This requires landlords to do the following:
- 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 any additional records or reports about the presence or hazards of 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 and Addenda (Recommended)
The following lease agreement disclosures and addenda are not required by New Hampshire law in residential lease agreements, but assist with tenant management and help limit landlord liability.
| Optional Disclosure | Purpose |
|---|---|
| Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of asbestos fibers. |
| Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately. |
| Landlord’s Name and Address | Specifies the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice. |
| Late/Returned Check Fees | Specifies late fees or returned check fees related to the lease. New Hampshire has no regulations on late fees. Returned check fees are capped at $25 by default, although a landlord may be able to demand a higher fee by express written agreement. |
| Medical Marijuana Use | Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas. |
| Mold Disclosure | Informs tenants about actual or suspected mold contamination on the property, along with any remediation efforts, to help limit landlord liability. |
| Move-In Checklist | Takes inventory of existing property damage, when the tenant takes possession of the rental property. This enables accurate deductions from the security deposit upon move-out. |
| Non-Refundable Fees | Charges not agreed by the tenant in the lease may be refundable upon lease termination. For New Hampshire landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease. |
| Shared Utilities Arrangements | Discloses how charges are billed to individual tenants, when multiple rental units share a utility meter for the whole building or property. This ensures tenants receive fair charges and understand what uses contribute to their bill. |
| Smoking | Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants. |
Consequences of Not Including Mandatory Disclosures
Mandatory disclosures outline important health, safety, and property information for both landlord and tenant safety. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
Sources
- 1 NH Rev Stat § 540-A:6(Ic) (2019)
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…(c)… Regardless of whether or not a receipt is required, the landlord shall provide written notice to the tenant that a written list of conditions in the rental unit in need of repair or correction, if any, should be given to the landlord within 5 days of occupancy…
- 2 NH Rev Stat § 540-A:6(Ib) (2019)
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…(b) Except as provided in subparagraph (c), upon receiving a deposit from a tenant, a landlord shall forthwith deliver to the tenant a signed receipt stating the amount of the deposit and specifying the place where the deposit or bond for the deposit pursuant to RSA 540-A:6, II(c) will be held…
- 3 N.H. Rev. Stat. § 358-C:5(1)
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A creditor involved in a consumer credit transaction or a debt collector designated to collect on a check, negotiable order of withdrawal, share draft, or other negotiable instrument may charge and receive a check collection charge of not more than $25, unless otherwise expressly authorized by written agreement with the consumer.
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