New Hampshire Rent Increase Notice
In New Hampshire a landlord must give written notice of the amount and effective date of a rent increase at least 30 days before it takes effect, and a tenant's refusal to agree is good cause for eviction only if that notice was given (RSA 540:2, IV). New Hampshire has no statewide rent cap. Attorney review available.
Introduction
New Hampshire folds the rent-increase notice into its good-cause eviction rules, which gives the 30-day notice real teeth. A rent increase notice is the written notice a New Hampshire landlord gives a tenant to raise the rent on a home, stating the new monthly amount and the day it starts. Under RSA 540:2, IV a tenant's refusal to accept a rent increase counts as good cause for eviction, but only where the landlord first gave written notice of the amount and effective date at least 30 days before that date. So the working rule is that a New Hampshire landlord must serve at least 30 days written notice, spelling out both the new figure and its start, before the increase can take hold or support an eviction. The state sets no statewide cap, so the landlord may choose the amount subject to that notice and the good-cause framework, and the raise may not be retaliatory. Rent under an existing fixed-term agreement cannot move mid-term unless the agreement allows it; once a lease ends and the tenancy runs month to month, the 30-day rule applies. DocDraft prepares your New Hampshire rent increase notice from your entries, with attorney review available before you serve it.
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Key Things to Know
- 1
A rent increase notice is the written notice a New Hampshire landlord gives a tenant to raise the rent on a home, stating the new monthly amount and the day the higher rent begins.
- 2
A New Hampshire landlord must give written notice of both the amount and the effective date of a rent increase at least 30 days before that date (RSA 540:2, IV).
- 3
A tenant's refusal to accept the increase counts as good cause for eviction under RSA 540:2, II(e), but only where the landlord gave that 30-day written notice of the amount and effective date.
- 4
The writing has to state both the new figure and its start date; a bare statement that rent will rise does not satisfy RSA 540:2, IV.
- 5
New Hampshire has no statewide cap, so no statewide percentage limits the amount; the landlord may choose the figure subject to the notice and the good-cause rules.
- 6
The increase may not be retaliatory, such as one keyed to a tenant asking for repairs or reporting a code condition.
- 7
Rent under an existing fixed-term agreement cannot move mid-term unless the agreement allows it; the 30-day rule reaches a month-to-month tenancy or takes hold at renewal.
Key decisions before you file
Before you file a Rent Increase Notice in New Hampshire, a few decisions shape the document: which option to choose and what each one means. The Rent Increase Notice guide walks through them.
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New Hampshire Requirements for Rent Increase Notice
30-Day Written Notice
A New Hampshire landlord must give written notice of the amount and effective date of a rent increase at least 30 days before the effective date (RSA 540:2, IV). There is no tier based on the size of the increase; the effective date must be set at least 30 days after the notice is served.
Notice Must State Amount and Date
The notice must state both the new rent amount and the date the increase takes effect (RSA 540:2, IV). A general statement that rent will go up, without the amount and effective date, does not meet the notice requirement, so it cannot support the increase or an eviction for refusal.
Refusal Is Good Cause Only With Notice
A tenant's refusal to agree to the increase is good cause for eviction under RSA 540:2, II(e), but only if the landlord provided written notice of the amount and effective date at least 30 days before the effective date (RSA 540:2, IV). Without proper notice, the refusal is not good cause and the increase is not effective.
No Statewide Rent Cap
New Hampshire has no statewide rent cap and no statewide percentage limit. A landlord may set the new amount, as long as the 30-day written notice required by RSA 540:2, IV is given and the increase is not retaliatory. Any local ordinance where the unit is located would set its own rule.
No Retaliatory Increase
A rent increase may not be retaliatory, such as one made because the tenant requested repairs or reported a code violation. A retaliatory increase cannot be enforced, and it does not support an eviction even if the 30-day notice under RSA 540:2, IV was given.
No Mid-Lease Increase on a Fixed Term
Rent under an existing fixed-term agreement cannot be raised during the term unless the agreement specifically allows it, because the rent is a fixed term of the contract. The 30-day rent increase notice under RSA 540:2, IV applies to a change in the existing rental agreement, most often a month-to-month tenancy, or it takes effect when a fixed-term lease renews.
Delivery of the Notice
RSA 540:2, IV requires written notice of the amount and effective date. The landlord should deliver that notice in a way that reliably reaches the tenant, such as personal delivery or mail, at least 30 days before the effective date. Keeping proof of how and when the notice was served helps, because a valid notice is what makes a refusal good cause for eviction.
Short Notice Is Not Yet Effective
A New Hampshire rent increase served with less than the 30 days RSA 540:2, IV requires, or without stating the amount and effective date, does not take effect on the stated date and does not make a refusal good cause for eviction. A tenant may continue paying the prior rent until a proper 30-day notice runs.