New Hampshire Residential Lease Agreement
A New Hampshire residential lease agreement sets rent, term, and deposit terms. Deposit is capped at one month's rent or $100, returned within 30 days. Attorney review available.
Introduction
A residential lease agreement is a legally binding contract between a landlord and a tenant that sets the terms under which the tenant rents the landlord's residential property, including the rent, the length of the tenancy, the security deposit, each party's responsibilities, and how the tenancy ends. In New Hampshire, the landlord-tenant relationship is governed mainly by RSA 540 (Actions Against Tenants) and RSA 540-A (Prohibited Practices and Security Deposits). Under RSA 540-A Section 6, a landlord may not demand or receive a security deposit greater than one month's rent or $100, whichever is greater, and the deposit must be held in trust, separate from the landlord's own money, at a New Hampshire bank, savings and loan, or credit union. RSA 540-A Section 7 requires the landlord to return the deposit, plus any interest owed, within 30 days after the tenancy ends, and to provide a written itemized list of any deductions. The landlord must also give the tenant a signed receipt for the deposit and notify the tenant of the right to note any existing damage within 5 days of moving in. A New Hampshire landlord may enter the rental unit without the tenant's consent only to make emergency repairs or under a court order; entering to check for bedbugs requires 48 hours' written notice. Ending a month-to-month tenancy on most residential property generally requires a 30-day notice to quit stating a specific, legally recognized reason, though only 7 days' notice is required for nonpayment of rent and certain other fault grounds. Attorney review is available as an option before you sign.
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Key Things to Know
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A residential lease agreement is a binding contract between a landlord and a tenant covering rent, the length of the tenancy, the security deposit, each side's duties, and how the tenancy ends.
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Security deposit cap: a New Hampshire landlord cannot collect more than one month's rent or $100, whichever is greater (RSA 540-A:6).
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Deposit return deadline: the landlord must return the deposit, plus interest if it was held a year or more, within 30 days of the tenancy ending, with a written itemization of any deductions (RSA 540-A:7).
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Required disclosures include the federal lead-based paint disclosure for housing built before 1978, plus a signed deposit receipt telling the tenant where the deposit is held and their right to note existing damage within 5 days of move-in (RSA 540-A:6).
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Entry notice: New Hampshire has no fixed advance-hours rule for routine entry. A landlord may enter without the tenant's consent only for emergency repairs or under a court order, and needs 48 hours' written notice specifically to inspect for bedbugs (RSA 540-A:3).
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Late fees and grace period: New Hampshire law sets no statutory cap on late fees and no mandatory grace period before rent is considered late; these terms are set by the lease itself.
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Termination and rent control: ending a month-to-month tenancy on most residential property requires 30 days' notice stating a specific cause (7 days for nonpayment or certain fault grounds), and New Hampshire has no statewide rent-control or rent-cap law (RSA 540:2, RSA 540:3).
Key decisions before you file
Before you file a Residential Lease Agreement in New Hampshire, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.
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New Hampshire Requirements for Residential Lease Agreement
Security Deposit Cap and Trust Account
A landlord shall not demand or receive a security deposit greater than one month's rent or $100, whichever is greater (RSA 540-A:6). The deposit must be held in trust, kept separate from the landlord's own money, at a New Hampshire bank, savings and loan association, or credit union.
30-Day Deposit Return With Itemization
The landlord must return the security deposit, plus interest if held one year or more, within 30 days after the tenancy ends. If deductions are taken, the landlord must provide a written itemized list of damages with supporting detail (RSA 540-A:7).
Deposit Receipt and Move-In Damage Notice
When a landlord collects a security deposit, the landlord must forthwith deliver a signed receipt stating the deposit amount and where it is held, and must notify the tenant that any existing damage should be noted on the receipt or given to the landlord in writing within 5 days of occupancy (RSA 540-A:6).
Federal Lead-Based Paint Disclosure
For housing built before 1978, the landlord must give the tenant the federal Lead-Based Paint disclosure and EPA pamphlet before the lease is signed (42 U.S.C. Section 4852d). This is a federal requirement that applies in every state, including New Hampshire.
Limited Entry Without Tenant Consent
A landlord may enter the rental unit without the tenant's consent only to make emergency repairs or under a court order authorizing entry. Entering specifically to inspect for bedbugs requires 48 hours' written notice to the tenant (RSA 540-A:3).
No Statutory Late-Fee Cap or Grace Period
New Hampshire law sets no maximum late fee or percentage cap and no mandatory grace period before rent is considered late. These terms are governed entirely by whatever the lease itself specifies, so state any grace period and late-fee amount clearly in the lease.
Notice to Quit for Month-to-Month Termination
Ending a month-to-month tenancy on most residential property requires a written notice to quit stating a specific, legally recognized reason, generally 30 days, but only 7 days for nonpayment of rent or certain other fault grounds (RSA 540:2, RSA 540:3). Bare no-cause terminations are generally not permitted for this kind of restricted residential property.
No Statewide Rent Control
New Hampshire has no statewide rent-control or rent-increase-cap statute. Raising rent on a month-to-month tenancy is carried out through the same notice-to-quit process used to end the tenancy under RSA 540:2 and RSA 540:3, so the increase takes effect only after proper notice.