NEW HAMPSHIRE

RESIDENTIAL LEASE AGREEMENT

New Hampshire Standard Residential Lease Agreement

A New Hampshire residential lease agreement is a legally binding contract between a landlord (lessor) and tenant (lessee) that establishes the terms and conditions for renting residential property. This fixed-term agreement typically spans one year, though it may cover any agreed-upon period. The lease defines critical elements including rent amount, payment schedules, security deposit requirements, and the rights and responsibilities of both parties under New Hampshire law. ^[13]

New Hampshire landlord-tenant relationships are primarily governed by RSA Chapter 540 (Actions Against Tenants) and RSA Chapter 540-A (Prohibited Practices and Security Deposits). These statutes provide comprehensive protections for both landlords and tenants while establishing clear procedures for handling disputes, evictions, and security deposits. ^[14]

Legal Framework

New Hampshire residential tenancies are regulated by the following primary statutes:

• RSA Chapter 540 - Actions Against Tenants: Governs eviction procedures, notice requirements, and tenant defenses ^[13]
• RSA Chapter 540-A - Prohibited Practices and Security Deposits: Establishes prohibited landlord conduct and security deposit rules ^[14]

RSA Chapter 540-B - Rental of Shared Facilities: Applies to lodging houses and shared living arrangements

• RSA Chapter 358-C - Unfair Collection Practices: Governs check collection charges and fees ^[10]

Federal Fair Housing Act (42 U.S.C. 3601-3619): Prohibits housing discrimination

• Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4852d): Requires lead paint disclosures for pre-1978 housing ^[9]

Required Disclosures

New Hampshire law requires landlords to provide specific disclosures to tenants before or at the beginning of a tenancy. Failure to provide required disclosures may affect the landlord's ability to retain security deposits or pursue eviction.

Lead-Based Paint Disclosure

Federal law requires landlords of residential properties built before 1978 to disclose the possible presence of lead-based paint hazards. This requirement applies nationwide under the Residential Lead-Based Paint Hazard Reduction Act. ^[9]

• Provide the EPA pamphlet 'Protect Your Family From Lead in Your Home' ^[11]

Disclose any known lead-based paint or hazards in the property

Provide copies of any available records or reports concerning lead-based paint

Include a lead warning statement in the lease agreement

Give tenants 10 days to conduct a lead inspection (unless waived)

Move-In Checklist / Repair Notice

Landlords must provide written notice to tenants that any conditions in the rental unit in need of repair or correction should be reported to the landlord within five (5) days of occupancy. This notice must be provided regardless of how the security deposit was paid. ^[1]

The purpose of this requirement is to document the condition of the premises at move-in, protecting both parties when determining responsibility for damages at the end of the tenancy.

Security Deposit Receipt

When a landlord receives a security deposit, they must provide a signed receipt containing: ^[1]

The amount of the deposit

The location where the deposit will be held (bank name and account information)

Notice of the tenant's right to submit a list of property conditions within 5 days

Security Deposit Laws

New Hampshire has specific statutory requirements governing security deposits. Violations can result in significant penalties, including double damages. ^[8]

Maximum Amount

A landlord cannot demand or receive a security deposit exceeding one month's rent or $100, whichever is greater. ^[1]

For leases requiring quarterly or less frequent rent payments, the security deposit (in addition to the initial rent payment) still cannot exceed the equivalent of one month's rent.

Holding Requirements

Security deposits must be handled according to strict statutory requirements: ^[1]

Deposits remain the property of the tenant and must be held in trust

Deposits cannot be mingled with the landlord's personal funds

Landlords may hold all deposits in a single trust account at a NH bank, savings and loan, or credit union

Alternative: Post a bond with the city/town clerk equal to total deposits held

Interest on Deposits

Landlords holding a security deposit for one year or longer must pay interest to the tenant at a rate equal to the interest earned on regular savings accounts at the bank where the deposit is held. ^[1]

Interest accrues from the date the deposit is received

Tenants may request accrued interest every 3 years

Landlords must provide bank name, account number, and interest rate upon request

Return of Security Deposit

The landlord must return the security deposit plus any accrued interest within 30 days of the termination of tenancy. ^[2]

Permissible Deductions:

Damages beyond reasonable wear and tear (with itemized list and repair evidence)

Unpaid rent

Tenant's share of real estate tax increases (if specified in lease)

Other lawful charges specified in the lease

Itemization Requirement: The landlord must provide a written, itemized list indicating with particularity the nature of any repairs needed and satisfactory evidence (receipts, estimates, invoices) that repairs have been or will be completed. ^[2]

Penalties for Violations

Landlords who fail to comply with security deposit laws face significant penalties: ^[8]

Violation of deposit limits or trust requirements: Consumer protection violation under RSA 358-A:2

Failure to return deposit or pay interest: Liable for DOUBLE the deposit amount plus interest

Safe Harbor: Landlords are not liable if the tenant fails to provide a forwarding address. Unclaimed deposits become the landlord's property after 6 months (absent fraud). ^[8]

Rent Payment Laws

Grace Period

New Hampshire statutes do not mandate a grace period for rent payments. Rent is due on the date specified in the lease agreement, and landlords may begin eviction proceedings immediately if rent is not paid when due.

Late Fees

New Hampshire law does not cap late fees for residential leases. Landlords may charge reasonable late fees as specified in the lease agreement. However, excessive fees could potentially be challenged as unconscionable.

NSF (bounced Check) Fees

Under RSA 358-C:5, a landlord may charge a check collection fee of up to $25 for a bounced check, unless a higher amount is expressly authorized in the written lease agreement. ^[10]

Payment Methods (effective January 1, 2026)

Landlords cannot require tenants to pay rent solely via electronic funds transfer. At least one non-electronic payment option must be available. ^[3]

Eviction Procedures

New Hampshire law establishes specific procedures landlords must follow to legally evict tenants. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal. ^[4]

Grounds for Eviction

For standard (unrestricted) residential property, a landlord may terminate any tenancy by providing proper written notice. For restricted property (e.g., subsidized housing), termination is only permitted for specific reasons: ^[4]

Nonpayment of rent

Substantial damage to the premises

Failure to comply with a material lease term

Behavior adversely affecting health or safety of others

Other good cause (including rent increases with 30-day notice)

Notice Requirements

The required notice period depends on the reason for eviction: ^[5]

The eviction notice must state with specificity the reason for the eviction. If based on nonpayment of rent, it must inform the tenant of their right to avoid eviction by paying arrearages. ^[5]

Tenant's Right to Cure Nonpayment

A tenant can stop an eviction for nonpayment of rent by paying all amounts owed before the hearing on the merits: ^[6]

All rent due and owing

$15 liquidated damages

Filing fees and service charges incurred by landlord

Payment must be in guaranteed funds (cash, certified check, money order, electronic transfer)

Limitation: A tenant may only use this right to cure 3 times within a 12-month period. ^[6]

Tenant Rights and Protections

Protection From Retaliation

New Hampshire law protects tenants from retaliatory eviction. It is a defense to any possessory action that the eviction was in retaliation for: ^[7]

Reporting housing code violations to the landlord or authorities

Filing a complaint under RSA 540-A (prohibited practices)

Meeting or gathering with other tenants for lawful purposes

Prohibited Landlord Practices

Landlords are prohibited from engaging in the following conduct: ^[3]

**1. **Utility Shutoffs: Willfully interrupting or terminating water, heat, electricity, gas, telephone, sewerage, elevator, or refrigeration service

**2. **Illegal Lockouts: Denying tenant access to the premises except through proper judicial process

**3. **Seizing Property: Holding or denying access to tenant's personal property without judicial process

**4. **Unauthorized Entry: Entering premises without prior consent except for emergency repairs

**5. **Failure to Investigate Infestations: Must investigate bed bug or rodent reports within 7 days

Domestic Violence Protections

New Hampshire provides special protections for victims of domestic violence, sexual assault, or stalking: ^[4]

Cannot terminate tenancy solely because tenant is a victim

Victims may terminate lease early with proper documentation

Perpetrators can be evicted while victims remain in the unit

Lock changes available for protective order holders (at tenant's expense)

Verification information must be kept confidential

Military Service Members

Under RSA 540:11-a, military service members who receive orders for permanent change of station or deployment of 90 days or more may terminate their lease with proper notice.

Habitability Defense

Tenants have a defense to eviction if the premises are not fit for habitation and the landlord failed to remedy the conditions after proper notice.

Landlord Rights and Obligations

Right of Entry

Landlords may only enter a tenant's dwelling unit without consent: ^[3]

To make emergency repairs

Within 72 hours of learning of a bed bug or rodent infestation for emergency remediation

With 48 hours written notice to inspect for bed bugs in adjacent units

With a court order

Tenants cannot unreasonably refuse landlord access for necessary repairs or other lawful functions associated with property ownership.

Application Fee Requirements

Before collecting any rental application fee, landlords must disclose in writing: ^[3]

The amount of the fee

Whether a criminal background check will be required

Whether a credit check will be required

If the unit is not rented to the applicant, the landlord must return any amount beyond actual documented costs (background check, credit check, reasonable administrative costs) within 30 days.

Transfer of Security Deposits

When property is sold or transferred, security deposits must be turned over to the new owner within 5 days. The landlord must notify tenants by certified or registered mail of the transfer, including the name and address of the new holder. ^[1]

Lease Termination

By Landlord

Landlords must provide written notice to terminate a tenancy. For fixed-term leases, the lease typically ends automatically at the expiration date unless renewed. For month-to-month tenancies, 30 days' notice is required. ^[4]

By Tenant

Tenants should follow lease terms for termination. For month-to-month tenancies without specified terms, tenants should provide reasonable notice (typically 30 days).

Special Termination Rights

Military deployment or permanent change of station (RSA 540:11-a)

Domestic violence, sexual assault, or stalking victims (RSA 540:11-b)

Material breach by landlord (habitability issues)

How to Create a Residential Lease Agreement

A comprehensive New Hampshire residential lease agreement should include the following elements:

Essential Terms

**1. **Parties: Full legal names of landlord and all tenants

**2. **Property: Complete address and description of the rental unit

**3. **Term: Start date, end date, and whether fixed-term or month-to-month

**4. **Rent: Amount, due date, acceptable payment methods, and where to pay

**5. **Security Deposit: Amount (max: 1 month or $100, whichever is greater) and return conditions

**6. **Utilities: Which utilities are included and which tenant is responsible for

**7. **Occupants: Names of all persons authorized to live in the unit

**8. **Pets: Whether pets are allowed and any restrictions or deposits

**9. **Maintenance: Respective responsibilities for repairs and upkeep

**10. **Entry: Conditions under which landlord may enter the premises

Required Attachments

• Lead-Based Paint Disclosure form (for pre-1978 properties) ^{[9] [11]}

EPA pamphlet 'Protect Your Family From Lead in Your Home'

Move-in checklist or condition report

• Security deposit receipt (if not paid by check) ^[1]

Recommended Clauses

Late fee provisions (amount and when assessed)

• NSF fee (up to $25 unless higher amount agreed in writing) ^[10]

Subletting and assignment restrictions

Noise and nuisance provisions

Parking arrangements

Renewal and termination procedures

Dispute resolution methods

Key Deadlines Summary