The New Hampshire Rental Lease Agreements are a group of legal documents designed to facilitate the temporary transfer of property from the property’s owner or manager to a tenant. There are a variety of types of leases, depending on the type of property and how long the tenant wishes to lease it, but the forms presented below are the most common of their types. If a party wishes to sell or lease property in New Hampshire, they will need a Real Estate Broker License.
As there are a wide variety of different leases and different kinds of properties to cover, each lease is unique. They will usually contain clauses specific to the property they cover, and may be affected by unique local and state laws, and as such should be read carefully to avoid misunderstandings. Residential leases are typically required to contain simple, easy to read language in order to minimize the chances of a misunderstanding, but should be read carefully nonetheless.
Form Description Types
New Hampshire Rental Laws
- New Hampshire Revised Statutes Annotated Chapter 540
More often than not, a landlord will want to charge a security deposit, in order to protect them against the possibility that a tenant will leave without paying rent. In New Hampshire, the limit a landlord can charge for a security deposit is one hundred (100) dollars or one (1) month’s rent, whichever is greater. A landlord is required to return the deposit within thirty (30) days of the tenant moving out.
There is no legal limit to how much a landlord can charge for rent in New Hampshire, as there are no rent controlled areas in the state. Therefore, all of the rules for rent, including how much it is, when it is due, what forms are acceptable and where it must be delivered, will all be included on the lease.
If a tenant fails to pay the rent when it is due on the lease, they may incur a late fee. New Hampshire state law does not cover late fees, so there is no theoretical limit to how much a landlord can charge for a late fee. However, if the lease does not specify a late fee policy, the landlord has no legal right to charge a late fee, regardless of how much or little it is.
In a Month to Month Lease, the landlord must give the tenant at least thirty (30) days written notice before altering the rent in any way. In a One Year Lease, or any other long term lease, the rent cannot be altered until the lease has terminated and been renegotiated, unless a clause in the lease allows for an increase.
In New Hampshire, unless the lease is a Month to Month Lease (in which case the landlord can terminate the lease at will by giving thirty (30) days written notice) the landlord can begin Eviction Proceedings by serving an Unconditional Quit Notice. What type, and how much time is required depend on the type of violation and the type of property.
The landlord can serve an Unconditional Quit Notice that gives the tenant seven (7) days to move out, if the tenant fails to pay rent, damages the property substantially, refuses to accept temporary housing during the removal of lead paint based hazards or adversely affects other tenants in other units on the property. If the property is not a single family house, the tenant can serve an Unconditional Quit Notice that gives them thirty (30) days to move out, in a case that is not covered by the above.
In any of these cases, if the tenant fails to move out in the time given, the landlord can go to the local court system and request an Eviction Notice from a judge. Until the landlord is successful and the tenant served with an Eviction Notice, the landlord cannot attempt to force the tenant out by changing the locks, tampering with utilities, removing the tenant’s property or installing a deadbolt.
Rental discrimination (refusing to rent, denying a property is available when it is, altering rent, ending tenancy) for the following reasons is illegal:
- race, color, national origin, religion, sex, family status, physical or mental disability
- note that age, sexual orientation and gender identity are not covered
Landlord’s Right to Enter
In New Hampshire, a landlord is required to give reasonable notice and get a tenant’s consent before entering the property to do non-emergency repairs or inspections. In an emergency, these rules are suspended, and a landlord can enter without permission or notice.