Updated May 25, 2023
A New Hampshire lease agreement binds a landlord and a tenant to a rental contract that outlines the rent and the responsibilities of each party. A lease may be used for residential or commercial property and cannot be terminated unless both parties agree to cancel. A landlord will commonly verify the tenant’s credit report and income before authorizing an agreement.
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Agreement Types (6)
 Standard Residential Lease Agreement – Fixed term for any type of livable arrangement.
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 Commercial Lease Agreement – For the use of office, retail, or industrial purposes. Primarily space for a business to operate.
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 Month-to-Month Lease Agreement (§ 540:11(2)) – All tenancies-at-will may be canceled upon receipt from one party, landlord or tenant, to the other in the amount of 30 days prior to the next payment date.
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 Rent-to-Own Lease Agreement – Standard contract for habitable dwelling with a provision added for the buying of the premises.
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 Room Rental (Roommate) Agreement – An accord between the members of a shared living facility.
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 Sublease Agreement – Tenant that decides to rent their living unit to another individual (known as the “subtenant”). Usually, this requires consent from the landlord/agent.
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Required Disclosures (4)
Copy of Lease (Consumer Sourcebook) – The landlord is required to give a copy of the signed lease to the tenant within thirty (30) days.
Lead-Based Paint Disclosure – Law created by the Environmental Protection Agency (EPA) that requires all landowners to inform their tenants of this hazardous paint. Only required if the residence was constructed before 1978.
Move-in Checklist (RSA 540-A:6(I)(c)) – The landlord must state, in writing, to the tenant a list of all repairs needed on the premises within five (5) days of occupancy.
Security Deposit Receipt (RSA 540-A:6(I)(b)) – Unless the tenant makes this payment via check, the landlord must give a receipt stating the amount and financial institution of where the money is being held.
Security Deposits
Maximum Amount (RSA 540-A:6) – The landlord may ask for up to one (1) month’s rent or $100, whichever is greater.
Returning (RSA 540-A:7) – The landlord must send the deposit back to the tenant within thirty (30) days unless the tenant shares the property with the landlord. In such a shared arrangement, the funds must be returned within twenty (20) days unless there is a written agreement stating otherwise.
When is Rent Due? (Grace Period)
Rent is due on the date mentioned in the lease agreement. There is no rent grace period.
If rent is not paid the day after rent is due, the landlord may send a 7-day notice to quit, giving the period to repay or vacate the property.
Late Rent
Maximum Penalty – There is no maximum late fee. The landlord can charge any amount if mentioned in the lease.
NSF Fee (§ 358-C:5) – The landlord may charge a maximum fee of $25 if the tenant pays rent with a bad check.
Right to Enter (Landlord)
The landlord has the right to enter the property, at any time, by providing reasonable notice to the tenant (RSA 540-A:3).
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Resources
- Chapter 540 (Actions Against Tenants) – New Hampshire Revised Statutes.
- “Tenants Have Rights” Handbook – Provided by the New Hampshire Legal Assistance.
- Consumer Sourcebook (Renting Security Deposits and Evictions) – Provided by the New Hampshire Dept. of Justice (office of the Attorney General).