A New Hampshire residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a rental property and a tenant using the property. State and local laws set the rules for rental agreements, such as laws regulating the use of a tenant’s security deposit.
New Hampshire Residential Lease Agreement Disclosures
These disclosures are required for 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
Applies to all New Hampshire rentals collecting a security deposit.
New Hampshire landlords must provide a move-in checklist when the lease begins. This takes inventory of existing damage on the property. The checklist should be completed within five days of move-in.
The checklist must note anything to be kept in identical condition until move-out. This includes existing damage and current furnishings. The checklist also must highlight any current habitability issues. This ensures accurate deductions from the deposit when the tenant moves out.
Download: New Hampshire Move-In Checklist Disclosure Form (PDF)
Security Deposit Holdings Disclosure
Applies to all New Hampshire rentals holding a security deposit.
New Hampshire landlords must disclose security deposit holding information in the lease. This receipt of disclosure must include the location of the funds and the account number. The rule applies in all cases except when the landlord holds a check from the tenant as a security deposit.
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 paid via check.
Download: New Hampshire Security Deposit Holdings Disclosure Form (PDF)
Lead-Based Paint Disclosure
Applies to any New Hampshire rental units built before 1978.
New Hampshire residential leases for property built before 1978 must, by federal law, 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 help with tenant management and landlord liability.
| Optional Disclosure | Purpose |
|---|---|
| Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can reduce asbestos risk by not disturbing asbestos fibers. |
| Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation. Also reminds the tenant of the obligation to report suspected infestation immediately. |
| Landlord’s Name and Address | Gives the tenant the landlord’s name and address, or that of their authorized agent. This allows required communication (for example, about repairs) to happen in a smooth way. Typically includes additional contact information, such as phone numbers and email addresses. |
| Late/Returned Check Fees | Specifies late fees or returned check fees related to the lease. New Hampshire doesn’t limit late fees. Returned check fees have a $25 cap by default. 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 efforts, plus information about treatments. This helps limit landlord liability. |
| Move-In Checklist | Takes inventory of existing property damage, when the tenant moves into the rental property. This ensures accurate deductions from the security deposit upon move-out. |
| Non-Refundable Fees | Charges not agreed by the tenant in the lease may be refundable when the lease ends. For New Hampshire landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease. |
| Shared Utilities Arrangements | Sets terms for how to divide utility costs up on properties which share a utility meter with other units. 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 the benefit of both landlord and tenant. 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. Many lease provisions may be unenforceable without legally required disclosures.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
Sources
- 1 N.H. Rev. Stat. § 540-A:6(1)(c)
-
No receipt shall be required when the tenant furnishes a security deposit in the form of a personal check, a bank check, or a check issued by a government or nonprofit agency on behalf of the tenant. 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.
Source Link - 2 N.H. Rev. Stat. § 540-A:6(1)(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, and shall notify the tenant that any conditions in the rental unit in need of repair or correction should be noted on the receipt or given to the landlord in writing within 5 days of occupancy.
Source Link - 3 N.H. Rev. Stat. § 358-C:5(1)
-
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.
Source Link
