Lease Agreements: By Type (6)
|Standard (1-Year) Residential Lease – Used to rent a residence for a full year, often with the option to renew at the end of the lease term.
|Commercial Lease Agreement – Enables a landlord to rent their industrial, retail, office space etc. to a business.
|Month-to-Month Lease Agreement – A contract with a month-long term that renews automatically and indefinitely until cancelled by tenant or landlord.
|Rent-to-Own Agreement (Lease Option) – A rental agreement that allows a tenant to buy the property at the end of the lease.
|Roommate Agreement – A contract used by roommates to establish and sign off on house rules.
|Sublease Agreement – This form is used by a tenant to rent out all or part of their unit to a subtenant.
Required Disclosures (3)
- Lead-Based Paint Disclosure (PDF) – Landlords renting out property built prior to 1978 must disclose to prospective tenants the possibility of lead-based paint on the premises.
- Repair Notice (PDF) – Landlords must notify tenants that any required repairs should be relayed to them in writing within five days of occupancy.
- Security Deposit Receipt – The landlord must provide a signed security deposit receipt unless the deposit was made via a personal, bank, or government-issued check.
Maximum Amount ($) – The most a landlord can charge in NH is one month’s rent or $100, whichever is greater.
Collecting Interest – Landlords are required to pay interest on the security deposit if held beyond one year. The interest rate must be equal to that paid on a regular savings account.
Returning to Tenant – Deposits must be returned to the tenant within 30 days of the lease termination.
Itemized List Required? – Yes, tenants must be provided a list of deductions made on their security deposit when it’s returned to them.
Separate Bank Account? – Yes, deposits must not be mixed with the landlord’s personal bank accounts. However, they may combine all security deposits from all tenants into one bank account.
Grace Period – No statute.
Maximum Late Fee ($) – No statute.
Bad Check (NSF) Fee – No statute.
Withholding Rent – Yes, a tenant can withhold a rent payment if the dwelling is unsuitable for living due to a landlord’s negligence.
Rent Increase Notice – A 30-day written notice must be given to tenants before increasing rent.
Breaking a Lease
Non-Compliance – A 30-day notice to quit is used to inform a tenant that they must remedy a lease violation within 30 days or move out. For violations causing significant damage or harm, a 7-day notice to quit may be used.
Utility Shutoff – Though not specifically mentioned in statutes, failing to maintain a dwelling’s utilities may be considered a violation of lease terms.
Lockouts – A landlord may change a residence’s locks if abandoned or if they obtain a court-ordered “Writ of Possession,” which is then provided to the sheriff to serve on the tenant.
Leaving Before the End Date – No statute.
- EPA/HUD Fact Sheet
- § 540-A:6(I)(c)
- § 540-A:6(I)(b)
- § 540-A:6(I)(a)
- § 540-A:6(IV)
- § 540-A:7
- §§ 540-A:6 (II)(a), 540-A:6 (IV)(a)
- § 540-A:3(V)
- § 540-A:3(V-d)(a)
- § 540:13-d(II)
- § 540:2(IV)
- § 540:3(I)
- § 540:3(II)
- § 540:2(II)(c)
- § 540-A:4(XII)(d), New Hampshire Circuit Court
- §§ 540-A:4(XII)(c), 540-A:3(VII)