Free New Hampshire Rental Lease Agreement


Sample New Hampshire Rental Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS RESIDENTIAL LEASE (the “Lease”) dated this ___ day of ____________________,20___.

BETWEEN:

_______________

(the “Landlord”)

– AND-

_______________

(the “Tenant”)

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, New Hampshire, ______________________ (the “Property”), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___ and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the “Rent”).
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of New Hampshire, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:

    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party’s attorney fees.

  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of New Hampshire.

  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of New Hampshire (the “Act”), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.

  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.

  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.

  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant’s negligence or willful act or that of the Tenant’s employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.

  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.

  25. The Tenant will not engage in any illegal trade or activity on or about the Property.

  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.

  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.

  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.

  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.

  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:

    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord’s address for notice is:

    1. Name: _______________
    2. Address: ______________________, ______________________, State of New Hampshire, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord’s rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of .00 for each N.S.F. check or checks returned by the Tenant’s financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord’s agents will have the privilege of displaying the usual ‘For Sale’ or ‘For Rent’ or ‘Vacancy’ signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this ___ day of ____________________,20___.

_________________________________
Landlord: _______________

 

_________________________________
Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

_________________________________
Tenant: _______________

 

 

Lead-Based Paint Disclosure

Property: ______________________, ______________________, New Hampshire, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: 21st day of April, 2020

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord’s Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: ___ day of ____________________,20___

  Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website http://www2.epa.gov/lead/protect-your-family-lead-your-home.

Asbestos Disclosure

Property: ______________________, ______________________, New Hampshire, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord’s Disclosure including any reports and records.

Date: ___ day of ____________________,20___

Tenant: _______________

per: _________________________________

New Hampshire Rental Lease Agreement Form

Do you understand the rental laws or the landlord-tenant laws applicable in the state of New Hampshire? Before you review our simple 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 sample form here for a simple lease application process.

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New Hampshire Rental Lease Agreement

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