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.
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
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.
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).
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).
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.
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).
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.
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.
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.
Frequently Asked Questions
A New Hampshire lease should identify the landlord (lessor) and tenant (lessee), the rental address, the rent amount and due date, the deposit amount, the term, and each party's duties. It should also reflect New Hampshire's deposit cap and 30-day return deadline under RSA 540-A:6 and RSA 540-A:7, plus the federal lead-based paint disclosure for pre-1978 housing.
Under RSA 540-A Section 6, a New Hampshire landlord cannot demand or receive a security deposit greater than one month's rent or $100, whichever amount is larger. The deposit must be held in trust, kept separate from the landlord's own funds, at a New Hampshire bank, savings and loan, or credit union.
Yes, this page's template is free to generate and you can fill it in with your rental details, term, rent, and deposit. Attorney review is available as an optional add-on before you and the tenant sign, but it is not automatic or required to use the template.
No. A New Hampshire residential lease does not need to be notarized or witnessed to be valid. Both the landlord and tenant simply sign the agreement; keeping a signed copy for each party's records is standard practice.
Generally no. Under RSA 540-A Section 3, a landlord may enter without the tenant's consent only to make emergency repairs or if a court has issued an order authorizing entry. To inspect specifically for bedbugs, the landlord must give 48 hours' written notice. New Hampshire law does not set a separate fixed advance-notice period for other routine, non-emergency entry.
Every landlord must give the federal lead-based paint disclosure for housing built before 1978. New Hampshire law also requires a signed deposit receipt showing where the deposit is held and telling the tenant they may note any existing damage within 5 days of moving in (RSA 540-A:6). A separate fee-disclosure requirement tied to application or renewal fees may also apply; confirm current details before charging any such fee.
Ending a month-to-month tenancy on most residential property in New Hampshire requires the landlord to give a written notice to quit stating a specific, legally recognized reason. RSA 540:3 sets that notice at 30 days in most cases, but only 7 days for nonpayment of rent and certain other fault grounds. A bare no-cause termination is generally not permitted for this kind of restricted residential property.
New Hampshire's landlord-tenant statutes, RSA 540 and RSA 540-A, do not set a maximum late fee or percentage cap, and there is no statutory grace period before rent is considered late. Any late fee amount and grace period are whatever the lease itself specifies, so read that clause carefully before signing.