Create Your New Hampshire Residential Lease Agreement
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New Hampshire Residential Lease Agreement
Introduction
A New Hampshire lease agreement is a legally binding contract that enables a landlord to establish the terms and conditions for renting their property. This comprehensive guide covers residential lease agreements, including standard one-year leases, month-to-month tenancies, and rent-to-own arrangements. All statutory references link directly to official New Hampshire Revised Statutes (RSA) available at gc.nh.gov.
This document is for informational purposes only and consolidates lease requirements from New Hampshire state law. Landlords and tenants should review the complete statutes and consult with legal counsel for specific situations.
Required Disclosures
New Hampshire law requires landlords to provide specific disclosures to tenants before or at the time of lease signing. Failure to provide these disclosures may result in legal penalties.
Lead-Based Paint Disclosure
For properties constructed before 1978, federal law requires landlords to disclose the potential presence of lead-based paint. Landlords must provide tenants with an EPA-approved pamphlet titled "Protect Your Family from Lead in Your Home" and include a lead-based paint disclosure form with the lease. [1]
Repair Notice Requirement
Landlords must provide written notice to tenants that any required repairs should be communicated to the landlord in writing within five (5) days of occupancy. This notification is typically included in a move-in checklist or inspection form. [2]
Security Deposit Receipt
Unless the security deposit is paid by personal check, bank check, or government-issued check, landlords must provide a signed receipt stating the deposit amount and identifying the financial institution where the funds are held. The receipt must be provided to the tenant. [3]
Security Deposits
New Hampshire has comprehensive regulations governing security deposits, including maximum amounts, interest requirements, storage obligations, and return procedures.
Maximum Security Deposit Amount
The maximum security deposit a landlord may charge is one month's rent or $100, whichever amount is greater. This limit applies to residential tenancies and protects tenants from excessive upfront costs. [4]
Storage Requirements
Landlords must deposit security deposits in a New Hampshire bank, savings and loan association, or credit union. The funds must not be commingled with the landlord's personal accounts. However, landlords may combine all security deposits from multiple tenants into one dedicated account. [5]
Interest Requirements
If a security deposit is held for more than one year, landlords must pay interest to the tenant at a rate equal to the interest paid on regular savings accounts at the financial institution where the deposit is held. The interest accrues from the date of deposit and must be paid when the deposit is returned. [6]
Return Timeline and Deductions
Landlords must return the security deposit, along with any accrued interest, within thirty (30) days of lease termination. If the landlord withholds any portion of the deposit, they must provide the tenant with an itemized list of deductions. This list must include specific details about damages, repairs made, and supporting documentation such as receipts, estimates, or invoices. [7]
Permissible deductions include: (1) damages beyond normal wear and tear, (2) unpaid rent, (3) tenant-owed increases in real estate taxes as specified in the lease, and (4) other obligations outlined in the lease agreement. Normal wear and tear—such as minor scuff marks, small nail holes, or carpet wear from ordinary use—cannot be deducted from the security deposit. [7]
Rent Payment Terms
Understanding rent payment requirements, late fees, and tenant rights regarding rent withholding is essential for both landlords and tenants.
Due Date and Grace Period
Rent is due on the date specified in the lease agreement. New Hampshire law does not mandate a grace period for late rent payments. If rent is not paid by the day after it is due, the landlord may serve a seven-day notice to quit for non-payment of rent. [8]
Late Fees
New Hampshire statutes do not establish a statutory maximum for late fees. Landlords may charge any reasonable late fee amount, provided the fee is clearly specified in the lease agreement. Courts may review whether late fees are reasonable if disputes arise.
NSF (bad Check) Fees
If a tenant pays rent with a check that is returned for insufficient funds (NSF), the landlord may charge a collection fee of up to $25, unless a higher amount is expressly authorized by written agreement with the tenant. This fee covers the administrative costs of handling the bad check. [9]
Rent Withholding Rights
Tenants have the right to withhold rent under specific circumstances. If a landlord has agreed to provide utility services (such as heat, water, or electricity) and fails to maintain those services, tenants may withhold rent to pay for the utilities themselves. The landlord cannot evict the tenant for non-payment of rent if the withheld amount corresponds to the unpaid utility costs. [10]
Additionally, if a rental unit is unsuitable for living due to the landlord's negligence (e.g., lack of heat, water, or significant repair issues that violate habitability standards), tenants may have grounds to withhold rent until repairs are made. [11]
Rent Increase Notice
For month-to-month tenancies, landlords must provide thirty (30) days' written notice before increasing the rent. This notice requirement ensures tenants have adequate time to budget for the increase or seek alternative housing if the new rent is unaffordable. [12]
Landlord's Right to Enter
Tenants have a right to privacy and peaceful enjoyment of their rental unit. However, landlords retain certain rights to enter the premises under specific circumstances.
General Access With Notice
Landlords may enter the rental premises for reasonable purposes, including making necessary repairs, performing property inspections, showing the unit to prospective tenants or buyers, and other lawful functions related to property ownership. However, landlords must provide reasonable advance notice and enter at a reasonable time. [13]
While "reasonable notice" is not defined by a specific time frame in the statute, standard practice is typically 24-48 hours' written notice unless an emergency exists.
Emergency Access Without Notice
Landlords may enter the premises without the tenant's prior consent in two situations: (1) to make emergency repairs, and (2) to evaluate, formulate a remediation plan for, or engage in emergency remediation of pest infestations (such as bedbugs, rodents, or other pests). For pest-related emergencies, the landlord may enter within 72 hours of receiving notice of the infestation. [14]
Additionally, if a tenant is notified of a bedbug infestation in an adjacent unit, the landlord may enter the tenant's unit to evaluate for bedbugs, provided the landlord gives 48 hours' written notice. [15]
Tenant Cooperation
Tenants cannot willfully refuse the landlord access to the premises when the landlord has provided reasonable notice and seeks entry for legitimate purposes such as repairs or inspections. Refusing reasonable access may constitute a lease violation. [13]
Breaking a Lease
Both landlords and tenants may need to terminate a lease before its scheduled end date due to non-payment, lease violations, or other circumstances.
Non-Payment of Rent
If a tenant fails to pay rent, the landlord may serve a seven-day notice to quit. This notice informs the tenant that they have seven (7) days to pay the overdue rent or vacate the premises. If the tenant neither pays nor vacates within seven days, the landlord may proceed with eviction proceedings in court. [8]
Non-Compliance With Lease Terms
For most lease violations (such as unauthorized pets, unauthorized occupants, or other breaches of lease terms), landlords may issue a thirty-day notice to quit. This notice gives the tenant 30 days to either remedy the violation or vacate the property. [16]
However, for serious violations that cause substantial damage to the property or create a nuisance (such as illegal activity, significant property damage, or behavior that endangers health and safety), landlords may issue a seven-day notice to quit. [16]
Illegal Lockouts
Note: Landlords are prohibited from denying tenants access to the rental property outside of the formal eviction process. This means landlords cannot change the locks, remove doors, shut off utilities, or take other actions to force a tenant out without going through the legal eviction process in court. Such actions are known as "self-help" evictions and are illegal. [17]
Military Service Members
Members of the armed services who receive orders for active duty or reassignment to a location outside of New Hampshire may terminate their lease early without penalty. This protection ensures that service members are not financially burdened by lease obligations when military orders require relocation. [18]
Abandonment of Property
When a tenant vacates a property without notice, landlords must follow specific procedures before retaking possession or disposing of personal property left behind.
Presumption of Abandonment
A landlord may presume that a tenant has abandoned the rental unit if: (1) the tenant has removed their personal belongings from the premises, and (2) the tenant has failed to pay rent for more than ninety-one (91) consecutive days. [19]
If abandonment is clear, the landlord may post and serve a notice of abandonment giving the tenant seven (7) days to respond or reclaim possession. If the tenant does not act within seven days, the landlord may retake possession of the property. [20]
Unclaimed Personal Property
If a tenant leaves personal belongings behind after abandoning the premises, the landlord must store those items in a reasonably secure manner for at least seven (7) days. The landlord should provide notice to the tenant (if possible) about the storage and how to reclaim the items. After seven days, if the tenant has not retrieved their property, the landlord may dispose of the items without further notice. [21]
Tenant Utility Shutoff
If the tenant's failure to maintain essential utilities on the property constitutes a breach of a material term of the lease, the landlord may terminate the tenancy by providing thirty (30) days' notice to vacate. Essential utilities typically include heat, water, and electricity necessary for habitable living conditions. [16]
Lease Termination
Proper notice is required to end a tenancy, whether it is a fixed-term lease or a month-to-month arrangement.
Fixed-Term Leases
A fixed-term lease (such as a one-year lease) automatically terminates at the end of the lease period specified in the agreement. No additional notice is required unless the lease specifically states otherwise. If the tenant continues to occupy the unit and pay rent after the lease term ends, and the landlord accepts the rent, the tenancy typically converts to a month-to-month arrangement.
Month-To-Month Tenancies
Note: Either the landlord or the tenant may terminate a month-to-month lease (also called a tenancy-at-will) by providing thirty (30) days' written notice. The notice must be given at least 30 days before the next rent payment date. For example, if rent is due on the first of each month, notice given on March 10 would terminate the lease effective May 1. [22]
Resources and Citations
- EPA/HUD Lead-Based Paint Disclosure Requirements
- RSA 540-A:6(I)(c) - Repair Notice Requirement
- RSA 540-A:6(I)(b) - Security Deposit Receipt
- RSA 540-A:6(I)(a) - Maximum Security Deposit
- RSA 540-A:6(II)(a) - Security Deposit Storage Requirements
- RSA 540-A:6(IV)(a) - Security Deposit Interest Requirements
- RSA 540-A:7 - Security Deposit Return and Itemization
- RSA 540:3(I) - Seven-Day Notice for Non-Payment of Rent
- RSA 358-C:5(I) - NSF Check Collection Charges
- RSA 540:2(VI) - Rent Withholding for Unpaid Utilities
- RSA 540:13-d(I) - Habitability and Rent Withholding
- RSA 540:2(IV) - Rent Increase Notice Requirement
- RSA 540-A:3(V) - Landlord Access and Tenant Cooperation
- RSA 540-A:3(IV) and (IV-a) - Emergency Repairs and Pest Remediation
- RSA 540-A:3(V-b) - Bedbug Evaluation Access
- RSA 540:3(II) - Thirty-Day Notice to Quit for Lease Violations
- RSA 540-A:3(II) - Prohibition on Self-Help Evictions
- RSA 540:11-a - Military Service Member Lease Termination
- RSA 540-A:4(XII)(b)(2) - Presumption of Abandonment
- RSA 540-A:4(XII) - Notice of Abandonment Procedure
- RSA 540-A:3(VII) - Unclaimed Personal Property
- RSA 540:11 - Termination of Month-to-Month Tenancies
Disclaimer
This document is provided for informational purposes only and does not constitute legal advice. While every effort has been made to ensure accuracy, landlord-tenant law is complex and subject to change. Readers should not rely solely on this document for legal decisions. Landlords and tenants are strongly encouraged to:
• Consult with a qualified New Hampshire attorney for legal advice specific to their situation
• Review the complete text of New Hampshire Revised Statutes at gc.nh.gov
• Verify that all information reflects current law, as statutes may be amended by the New Hampshire Legislature
• Seek guidance from local housing authorities or legal aid organizations for assistance
The authors and publishers of this document disclaim any liability for actions taken or not taken based on the information provided herein.