The New Hampshire sublease agreement is a binding legal contract between an existing tenant (“sublessor”) and a new tenant (“sublessee”). In exchange for regular, periodic payments towards the sublessor’s rental obligation, the sublessee gains access to all or part of the rental property.
This agreement is a way for renters to keep rent paid, even when they aren’t currently dwelling in the rental unit. This is due to the fact that the tenant adds on an extra tenant. When this happens, the original tenant becomes the sublessor, and this new renter becomes the sublessee. Effectively, this is a brand new rental arrangement, and these can be short- or long-term. For example, if a tenant has found better accommodations but doesn’t want to suffer the penalties of a broken lease, he or she can take on a sublessee. Similarly, if a student with a standard lease is looking to go home for the session, then he or she can take on a sublease.
Subletting Laws in New Hampshire
When subletting, it’s critical that the lessee who is taking on a renter respects the laws of the state and the rules of the property. When it comes to these types of arrangements, New Hampshire doesn’t have strong laws either for or against making sublease agreements. For this reason, it’s essential that tenants take a look at the original lease to determine if it’s allowed by the landlord. If subleasing is stated to be allowed on the lease, then the tenant should then send a letter to the landlord via certified mail to verify consent. Either the landlord will provide a response, or he or she won’t. In the case of a lack of response, a waiting period of 30 days will provide inferred support for the sublease.
What to Include in a New Hampshire Sublease Agreement
- The names and addresses of both the sublessor and the sublessee.
- The detailed physical address of the unit.
- The longevity of the proposed subleasing term.
- The value of the rental payments on a monthly basis.
- The value of the security deposit that needs to be paid.
- The value of the utilities. If utilities are being subsumed by the sublessor, then this needs to be mentioned in the document.
- The directions on how to pay rent and utilities.
- The signature, printed name, and the date of signing for both parties.
- The signed consent of the landlord, if applicable.