New Hampshire

Rental Lease Laws Overview

In New Hampshire, there are no rent control laws, meaning landlords can set rental prices without state-imposed limits. There is also no limit on late fees, although such fees must be reasonable and clearly stated in the lease agreement. Additionally, there is no grace period for late rent payments, and landlords are not required to hold a license to rent properties.

Tenants must submit a rental application to assess their eligibility for tenancy.

Required Lease Disclosures

Landlords are obligated to provide specific disclosures to tenants, including:

• Lead Paint Notification: If the rental property was built before 1978, landlords must inform tenants about the potential presence of lead paint.
• Lease Copy: A signed copy of the lease must be provided to the tenant within 30 days of signing.
• Move-in Checklist: Landlords must supply a list of necessary repairs within five days of the tenant moving in.
• Security Deposit Receipt: A receipt for the security deposit must be issued unless the payment was made via government-issued check, bank check, or personal check. The receipt must specify where the funds are held.

Security Deposit

The maximum amount a landlord can require for a security deposit is either one month’s rent or $100, whichever is greater. However, if the landlord manages more than six rental units, the maximum deposit is limited to one month’s rent.

Landlords must provide a written receipt for any security deposit received, detailing the amount, date received, and a description of the rental property. If the security deposit is held for a year or longer, landlords are required to pay interest on it, which can either be returned to the tenant or deducted from their rent.

Security deposits must be kept in a separate, interest-bearing account in a New Hampshire bank, distinct from the landlord’s personal funds. Upon the tenant’s move-out, the security deposit must be returned within 30 days. If any portion is withheld for damages, an itemized list of damages and repair costs must be provided within this timeframe. Funds may only be withheld for unpaid rent, damages beyond normal wear and tear, or costs related to storing or disposing of abandoned property, accompanied by an itemized statement of deductions.

Rent Payment

Rent is typically due on the first of each month unless otherwise specified in the lease agreement. There are no state-imposed limits on how much a landlord can increase rent, and any increases must adhere to the terms outlined in the lease.

While there is no maximum amount for late fees, they must be reasonable and disclosed in the lease agreement. Before initiating eviction proceedings, landlords must issue a 7-day notice to pay or quit. Tenants have the right to withhold rent if the landlord fails to address serious habitability issues after receiving written notice. If the problem remains unresolved for 14 days, tenants may withhold rent or use it to make necessary repairs. Immediate withholding is permitted if a government agency has issued a notice regarding the issue.

Landlord Right of Entry

Landlords must provide reasonable written or verbal notice before entering a rental property. If a tenant requests a lock change due to domestic violence, the landlord is responsible for the associated costs. Otherwise, landlords require tenant permission to change locks.

Property Repairs

Landlords are responsible for maintaining rental properties in a habitable condition, making prompt repairs, and ensuring essential services such as heat, water, and electricity are available. They must also comply with health and safety codes. Tenants, on the other hand, must keep their units clean, use fixtures and appliances properly, adhere to health and safety regulations, avoid intentional damage, and promptly notify landlords of necessary repairs.

In cases where a tenant abandons the property, landlords should make reasonable efforts to re-rent it. A 14-day notice is required for unpaid utilities before any action can be taken.

Terminating a Lease

For month-to-month tenancies, either the landlord or the tenant can terminate the arrangement by providing written notice at least 30 days before the next rent payment is due. If a tenant leaves personal property behind, the landlord must notify the tenant in writing. The tenant is given a reasonable period, typically 7 days, to retrieve their belongings. If the property is not collected within this timeframe, the landlord may dispose of the items after making reasonable efforts to notify the tenant.

Statutes

• N.H. Rev. Stat. § 540:1-a – Definitions
• N.H. Rev. Stat. § 540-A:5(I) – Definitions
• N.H. Rev. Stat. § 540-A:5 – Definitions
• N.H. Rev. Stat. § 540-A:6(I)(a) – Procedure
• N.H. Rev. Stat. § 540-A:6(I)(b) – Procedure
• N.H. Rev. Stat. § 540-A:6(IV) – Procedure
• N.H. Rev. Stat. § 540-A:6 (II)(a) and (IV)(a) – Procedure
• N.H. Rev. Stat. § 540-A:6(IV)(b) – Procedure
• N.H. Rev. Stat. § 540-A:6(I)(c) – Procedure
• N.H. Rev. Stat. § 540-A:7(I) – Return of Security Deposit
• N.H. Rev. Stat. § 540-A:7(II) – Return of Security Deposit
• N.H. Rev. Stat. § 540-A:8 – Remedies
• N.H. Rev. Stat. § 540:9 – Payment after notice
• N.H. Rev. Stat. § 540:1 – Tenancies, nature of
• N.H. Rev. Stat. § 540:2(IV) – Termination of tenancy
• N.H. Rev. Stat. § 540:2(VII) – Termination of tenancy
• N.H. Rev. Stat. § 540:2(VII)(a) – Termination of tenancy
• N.H. Rev. Stat. § 540:2(VII)(b) – Termination of tenancy
• N.H. Rev. Stat. § 540:3(II) – Eviction Notice
• N.H. Rev. Stat. § 540-A:3(I) – Prohibition on Utility Shut-offs
• N.H. Rev. Stat. § 540-A:3(V) – Required Notice Before Entry
• N.H. Rev. Stat. § 540-A:3(II) – Prohibition on Lockouts
• N.H. Rev. Stat. § 540-A:3(IV) – Emergency Entry Allowed without Notice
• N.H. Rev. Stat. § 540-A:3(V-a) – Infestations & Pest Treatment
• N.H. Rev. Stat. § 540-A:3(VII) – Abandonment of Personal Property
• N.H. Rev. Stat. § 540-A:2 – General Prohibition
• N.H. Rev. Stat. § 540:13 – Writ; Service; Discovery; Record; Default
• N.H. Rev. Stat. § 540:13-a – Defense to retaliation
• N.H. Rev. Stat. § 540:13-b – Evidence of Intent to Retaliate
• N.H. Rev. Stat. § 540:13-d – Defenses to Violations of Fitness
• N.H. Rev. Stat. § 503:1 – Small Claim Defined
• N.H. Rev. Stat. § 508:4 – Personal actions
• N.H. Rev. Stat. § 358-A:10 – Private actions
• N.H. Rev. Stat. § 48-A:14 – Minimum Standards Established
• N.H. Rev. Stat. § 638:4(III) – Issuing bad checks
• N.H. Rev. Stat. § 638:4(IV) – Issuing bad checks