New Hampshire Lease Agreement Create a New Hampshire Lease Agreement

New Hampshire Lease Agreement

Published Dec 08, 2025
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A New Hampshire Lease Agreement is a legal document that sets out the rental terms, obligations, and conditions agreed upon by a landlord and tenant for property leased within the state.

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NEW HAMPSHIRE LEASE AGREEMENT

THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") is entered into on the , by and between:

LANDLORD:
Name:
Address:
Phone:
Email:

TENANT(S):
Name(s):

I. PROPERTY

The Landlord agrees to lease to the Tenant, and the Tenant agrees to lease from the Landlord, the residential property located at:

Address:
(hereinafter referred to as the "Premises").

The Premises consists of:

The Premises includes the following furnishings and appliances:

II. TERM OF LEASE

This Agreement shall commence on the , and shall continue (check one):

III. RENT

The Tenant agrees to pay the Landlord rent in the amount of $ per month.

Rent is due on the day of each month.

Rent shall be paid by:

Payment instructions:

IV. SECURITY DEPOSIT

Pursuant to New Hampshire Revised Statutes Annotated (RSA) 540-A:6:

A. Amount: Upon execution of this Agreement, the Tenant shall deposit with the Landlord the sum of $ as a security deposit. Note: Under RSA 540-A:6, this amount shall not exceed one month's rent or $100, whichever is greater.

B. Receipt: The Landlord shall provide the Tenant with a written receipt for the security deposit stating the amount of the deposit, the name of the bank or institution where the deposit is held, and the account number, unless the Tenant pays by personal check.

C. Interest: If the Landlord holds the security deposit for more than one (1) year, the Landlord shall pay interest on the deposit at a rate equal to the interest rate paid on regular savings accounts in the New Hampshire bank, savings and loan association, or credit union where it is deposited, commencing from the date the Landlord receives the deposit. (Exception: This provision does not apply if the Landlord lives in the building and the building has 5 or fewer units).

D. Return of Deposit: The Landlord shall return the security deposit (and any accrued interest) to the Tenant within thirty (30) days after the termination of the tenancy. If any deductions are made for unpaid rent or damages beyond normal wear and tear, the Landlord must provide an itemized list of such deductions.

V. LATE CHARGES AND RETURNED CHECKS

If rent is not received by the Landlord by the day of the month, the Tenant agrees to pay a late fee of $.

If any check provided by the Tenant is returned for insufficient funds, the Tenant agrees to pay a returned check fee of $, plus any bank charges incurred by the Landlord.

VI. UTILITIES AND SERVICES

Responsibility for payment of utilities and services shall be as follows:

Electricity:

Gas/Heating Fuel:

Water/Sewer:

Trash Removal:

Snow Removal:

Lawn Care:

Internet/Cable:

VII. OCCUPANTS AND GUESTS

The Premises shall be occupied only by the Tenant(s) listed in this Agreement and the following additional occupants:

Guests staying more than days in a six-month period require the Landlord's written consent.

VIII. PETS

IX. CONDITION OF PREMISES AND INSPECTION

A. Move-In Inspection: Pursuant to RSA 540-A:6, I(c), the Landlord shall notify the Tenant that they have a right to inspect the dwelling unit upon occupancy. The Tenant has the right to note any conditions in the dwelling unit that are in need of repair or are in a damaged condition.

B. Maintenance: The Tenant agrees to keep the Premises in a clean and sanitary condition and to return the Premises in the same condition as received, normal wear and tear excepted. The Landlord is responsible for maintaining the Premises in a habitable condition in accordance with RSA 48-A:14.

X. RIGHT OF ENTRY

Pursuant to RSA 540-A:3, the Landlord shall not enter the Premises without the Tenant's permission, except in cases of emergency. The Landlord may enter the Premises for reasonable business purposes, including inspections, repairs, or showing the unit to prospective tenants or buyers, provided that the Landlord gives the Tenant reasonable notice.

Reasonable notice is defined as:

XI. LEAD-BASED PAINT DISCLOSURE

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly.

The Premises was built:

XII. REPORTING REQUIREMENTS (RSA 540:1-b)

The Landlord shall provide the Tenant with the name, address, and telephone number of the person responsible for the management of the Premises and the person authorized to receive legal notices and demands.

Manager/Authorized Agent:
Name:
Address:
Phone:

XIII. DEFAULT AND TERMINATION

If the Tenant fails to pay rent when due, the Landlord may issue a Demand for Rent and Eviction Notice requiring payment or possession within seven (7) days, pursuant to RSA 540:2 and RSA 540:3.

If the Tenant violates any other provision of this Agreement, the Landlord may issue a notice to quit giving the Tenant thirty (30) days to vacate the Premises, or as otherwise permitted by New Hampshire law.

XIV. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire.

XV. ADDITIONAL TERMS AND CONDITIONS

Additional provisions:

XVI. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings, whether written or oral. This Agreement may only be amended in writing and signed by both parties.

XVII. SIGNATURES

IN WITNESS WHEREOF, the parties have executed this Lease Agreement on the dates set forth below.

LANDLORD:
Signature: _________________________
Date:
Print Name: _______________

TENANT(S):
Signature: _________________________
Date:
Print Name: _______________

What is a New Hampshire Lease Agreement?

A New Hampshire Lease Agreement is a legally binding contract executed between a landlord (lessor) and a tenant (lessee) for the rental of residential or commercial property within the state. This document outlines the specific terms and conditions governing the tenancy, including the monthly rent amount, payment due dates, duration of the lease, and responsibilities regarding utilities and maintenance. The agreement serves to protect the legal rights of both parties by establishing clear expectations and providing a framework for dispute resolution in accordance with New Hampshire landlord-tenant laws. While oral agreements can be valid for short-term tenancies, written contracts are standard for establishing proof of the agreed-upon terms.

Legal Framework and Statutory Requirements

The landlord-tenant relationship in New Hampshire is primarily governed by the New Hampshire Revised Statutes Annotated (RSA). Specifically, RSA Chapter 540 covers actions against tenants, while RSA Chapter 540-A addresses prohibited practices and security deposits. These statutes establish the minimum standards for habitability and the procedural requirements for evictions and deposit handling. Additionally, federal laws such as the Fair Housing Act prohibit discrimination based on race, color, national origin, religion, sex, familial status, or disability.

Under the implied warranty of habitability, landlords must maintain the premises in a safe and sanitary condition. This includes ensuring functioning heat, water, electricity, and structural integrity. Failure to adhere to these statutory obligations can provide tenants with legal grounds to withhold rent or terminate the lease early without penalty. Conversely, tenants are legally obligated to maintain the rental unit in a clean manner and avoid causing damage beyond normal wear and tear.

Security Deposit Regulations

New Hampshire law imposes strict regulations on security deposits to prevent misappropriation of funds. According to RSA 540-A:6, a landlord cannot demand a security deposit that exceeds one month's rent or $100, whichever is greater. This limit applies to most residential units, though exceptions exist for owner-occupied buildings with fewer than six units. Landlords are required to hold these funds in a segregated account and must provide the tenant with a receipt indicating the financial institution where the deposit is held.

If a landlord holds a security deposit for more than one year, they must pay interest on the deposit at a rate equal to the interest rate paid on regular savings accounts at the New Hampshire bank where the funds are deposited. Upon the termination of the tenancy, the landlord has 30 days to return the full deposit or the remaining balance accompanied by an itemized list of deductions for unpaid rent or damages. Failure to comply with these rules can result in the landlord being liable for damages equal to twice the amount of the security deposit.

Mandatory Disclosures and Lease Elements

To ensure a New Hampshire Lease Agreement is valid and compliant with state and federal regulations, specific disclosures and elements must be included. These requirements ensure that the tenant is fully informed of the property's condition and the terms of the financial arrangement.

  • Lead-Based Paint Disclosure: For any property built before 1978, federal law requires the landlord to provide a lead paint disclosure form and an EPA-approved information pamphlet.
  • Security Deposit Receipt: The landlord must provide a receipt stating the amount of the deposit and the bank where it is stored.
  • Move-In Checklist: Under RSA 540-A:6, landlords must provide a statement describing the condition of the rental unit or allow the tenant to inspect and note any existing damages within five days of occupancy.
  • Landlord Contact Information: The agreement should list the name, address, and telephone number of the person authorized to manage the premises and receive legal notices.
  • General Terms: Clear definitions of rent amount, due date, lease duration, and policies regarding pets, smoking, and subletting.

Landlord Right to Entry

The right to privacy is a significant aspect of New Hampshire tenancy law. While landlords retain ownership of the property, they cannot enter the premises at will once the lease is in effect. RSA 540-A:3 prohibits a landlord from entering a tenant's residence without permission, except in cases of emergency. For routine inspections, maintenance, or showing the unit to prospective tenants, the landlord must provide reasonable notice. While the statute does not define "reasonable" in hours, common practice and legal interpretation generally suggest a minimum of 24 hours notice. Entry must also occur at a reasonable time.

Termination and Eviction Procedures

The process for terminating a tenancy depends on the type of lease and the reason for termination. For non-payment of rent, a landlord must provide a Demand for Rent and an Eviction Notice (Notice to Quit), giving the tenant seven days to pay or vacate. For other lease violations or for termination without specific cause in a month-to-month tenancy, the notice period is typically 30 days. If the tenant fails to vacate after the notice period expires, the landlord must file a Landlord and Tenant Writ with the district court to obtain a Writ of Possession. Self-help evictions, such as changing locks or shutting off utilities, are strictly illegal under RSA 540-A.

Frequently Asked Questions

Yes, under RSA 540-A:6, a landlord generally cannot charge more than one month's rent or $100, whichever is greater. This cap applies to most residential properties, although there are exceptions for owner-occupied buildings with fewer than six units.
Yes, if the landlord holds the security deposit for one year or longer, they must pay interest to the tenant. The interest rate must be equivalent to the rate paid on regular savings accounts at the New Hampshire financial institution where the money is held.
While the specific statute requires "reasonable" notice without defining a set timeframe, 24 hours is the widely accepted standard for non-emergency entry. Landlords may only enter without consent or notice in true emergencies to protect the property or safety.
A written lease is not strictly required for all tenancies, but it is highly recommended. Oral agreements are generally treated as month-to-month tenancies at will, subject to statutory protections but lacking the specific defined terms of a written contract.
New Hampshire state law does not mandate a statutory grace period for rent payments. Rent is due on the date specified in the lease agreement, and landlords may begin the eviction process or charge late fees immediately if the lease allows, provided the late fees are reasonable.
Tenants may be able to withhold rent under specific circumstances if the rental unit becomes uninhabitable due to code violations, but this is a complex legal process. Tenants generally must provide written notice of the defect to the landlord and allow time for repairs before withholding funds or pursuing constructive eviction.

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