Free New Hampshire Rental Lease Agreement


New Hampshire Rental Lease Agreement

Do you understand the rental laws or the landlord-tenant laws applicable in the state of New Hampshire? Before you review our New Hampshire rental lease agreement form, here are the basic rules you should be aware of, as they relate to residential rental units.

  • Official Rules and Regulations

    • Actions Against Tenants – N.H. Rev. Stat §§ 540

    • Limitation of Actions – N.H. Rev. Stat §§ 508

    • Regulations of Manufactured Housing Parks – N.H. Rev. Stat §§ 205-A

Security Deposits

The state of New Hampshire has a few exemptions with the laws on security deposits not applicable to people renting or leasing single-family residences or individuals who do not own other rental properties. It also applies to individuals who lease rental units in owner-occupied buildings with 5 units, except for an individual unit in such builds are occupies by individuals over 60 years.

The security deposit maximum doesn’t exceed one month’s rent or $100, whichever is greater.

The security deposit interest is required if the security deposit is held for more than one year. In such cases, the landlord pays the tenant the interest on the deposit at a rate that equals the interest rate paid on the regular savings accounts in New Hampshire banks and other financial institutions. The tenant could place a request to have the rent accrued on the security deposit every three years, and 30 days before the expiration of that year’s tenancy. The landlord should comply with the request within 15 days after the expiration of that year’s tenancy.

  • Uses of the security deposit

    • Unpaid rent

    • Lawful charges

    • The requirement under the lease agreement to pay all or part of increases in real estate taxes levied against the property and the ones becoming due and payable in the term of the lease.

Separate security deposit bank account.

It isn’t necessary to have separate bank accounts, and the landlord can commingle all the security deposits held in one account. However, the landlord cannot commingle the security deposits with their personal finances.

In case the landlord mixes all the monies, they shall pay the actual interest earned on the account, proportionally to all the tenants.

Disclosure of the bank accounts – after making requests, the landlord shall provide the tenant with the name of their preferred bank (or other financial institution) where they shall deposit their security deposits.

Receipts of deposits

Unless the deposit is payable through a personal check or a bank check, or even a check issued by the government, the landlord should issue a receipt.

Repairs at move-in

The landlord provides the tenant with a written notice of the list conditions in the units, stating the things in need of repairs if any. A 5-day period should then be given before occupancy.

No statutes govern pet deposits or non-refundable fees.

The landlord should return the security deposit 30 days from the termination of the tenancy.

The landlord must provide a written description or an itemized list of damages and charges

Satisfactory evidence of record keeping of deposit withholdings should be given

The landlord is held responsible in case of noncompliance

Rent, Lease, and Fees

Rent is payable upon demand unless otherwise stated in the contract

The rent increase notice is 30 days

Regarding the rent grace period and the late fees, there are applicable statutes, and you have to check the terms of your lease.

There is no statute for application fees or prepaid rent

For returned check fees, the issuer has to pay the amount of the check, as well as all the other costs and protest fees within 14 days after receiving notice that the payment was refused. Failure to comply could be considered a felony case.

The tenant can withhold rent if the landlord fails to provide essential services like heat and water

No statute stipulates if the tenant can repair and deduct rent

The landlord can recover the court and attorney fees

The landlord needs to make a reasonable attempt to mitigate any damages to the lessee, plus attempts to rerent.

There is no statute on abandonment or early termination fees

Notices and Entry

30-days’ notice is given to terminate fixed end date leases, yearly leases, monthly, weekly leases, and for lease violations. But, no statute exists for the termination of tenancies with 24-hour notices.

For terminating leases because of nonpayment, a notice of 7 days is required.

No statutes govern notices for date and time of move-out inspections, as well entry during a tenant’s extended absence, or when using pesticides.

Notice before entry should be reasonable.

Entry with notice is allowed for non-emergency repairs and showings, and no notice is given in case of emergencies

Lockouts and utility shutoffs are unacceptable

The penalty for self-help eviction is $1000 or actual damages – whichever is greater.

  • Disclosures and Miscellaneous Rules

    • The minimum standards for habitability

    • Quiet enjoyment

    • Infestations and pest treatments

    • Tenant’s responsibilities

    • Retaliation

    • Domestic violence cases

    • Abandonment of personal property

Court Matters

In the rental lease agreement in New Hampshire, the limits in the small claims court are set at $7,500.

Eviction cases aren’t handled in these courts

The Statute of Limitations gives 3 years for written and oral lease contracts.

Business Licenses

There is no state-wide statute on business licenses, but the local counties and cities have regulations and requirements on the same

Registration requirements: 30 days after being a property owner, you should file a statement with the city or the town clerk.

That said, you can get our New Hampshire rental lease agreement form here for a simple lease application process.