New Hampshire Lease Agreements (6) | Residential & Commercial

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Updated July 11, 2022

A New Hampshire lease agreement binds a landlord and a tenant to a rental contract that outlines the rent and the responsibilities of each party. A lease may be used for residential or commercial property and cannot be terminated unless both parties agree to cancel. A landlord will commonly verify the tenant’s credit report and income before authorizing an agreement.

Rental Application – Used to obtain a tenant’s personal information and consent to run a credit report.

Table of Contents

Agreement Types (6)

Commercial Lease Agreement – For the use of office, retail, or industrial purposes. Primarily space for a business to operate.

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Month-to-Month Lease Agreement (§ 540:11(2)) – All tenancies-at-will may be canceled upon receipt from one party, landlord or tenant, to the other in the amount of thirty (30) days prior to the next payment date.

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Rent-to-Own Lease Agreement – Standard contract for habitable dwelling with a provision added for the buying of the premises.

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Room Rental (Roommate) Agreement – An accord between the members of a shared living facility.

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Standard Residential Lease Agreement – Fixed term for any type of livable arrangement.

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Sublease Agreement – Tenant that decides to rent their living unit to another individual (known as the ‘sub-tenant). Usually, this requires consent from the landlord/agent.

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Required Disclosures (3)

Lead-Based Paint Disclosure – Law created by the Environmental Protection Agency (EPA) that requires all landowners to inform their tenants of this hazardous paint. Only required if the residence was constructed before 1978.

Move-in Checklist (RSA 540-A:6(I)(c)) – The landlord must state, in writing, to the tenant a list of all repairs needed on the premises within five (5) days of occupancy.

Security Deposit Receipt (RSA 540-A:6(I)(b)) – Unless the tenant makes this payment via check, the landlord must give a receipt stating the amount and financial institution of where the money is being held.

Landlord’s Access

The landlord may access the rental unit at any time, according to RSA 540-A:3, by providing reasonable notice to the tenant under the circumstances.

Security Deposits

Maximum (RSA 540-A:6) – The landlord may ask for up to one (1) month’s rent or $100, whichever is greater.

Returning (RSA 540-A:7) – The landlord must send the deposit back to the tenant within thirty (30) days unless the tenant shared the property with the landlord. In such a shared arrangement, the funds must be returned within twenty (20) days unless there was a written agreement stating otherwise.


Residential – Chapter 540 (Actions Against Tenants)

(Video) What are the New Hampshire Rental Laws?