Renting Out Your Property in New Hampshire: A Landlord's Guide
Renting out property in New Hampshire requires understanding specific state laws that govern security deposits, eviction procedures, and landlord-tenant relationships. New Hampshire landlords must comply with regulations regarding security deposit limits (one month's rent), proper notice periods for entry (at least 24 hours), and specific maintenance responsibilities outlined in RSA 540-A.
New Hampshire has distinct landlord-tenant laws that differ from other states, including strict security deposit handling requirements and specific timelines for returning deposits. Failure to comply with these regulations can result in penalties of up to double the security deposit amount plus legal fees.
Key Considerations
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
Relevant Documents
Landlord's Rules and Regulations
A supplementary document to the lease that outlines specific rules for the property, such as quiet hours, guest policies, and maintenance responsibilities.
Move-In/Move-Out Inspection Checklist
A document that records the condition of the rental property before the tenant moves in and after they move out, which helps determine if any damage occurred during the tenancy.
Notice of Entry Form
A document used by landlords to notify tenants of their intent to enter the rental property, typically required by state law with specific advance notice periods.
Rental Application Form
A form used to collect information about potential tenants, including employment history, income, references, and authorization for background and credit checks.
Residential Lease Agreement
A legally binding contract between a landlord and tenant that outlines the terms and conditions of the rental arrangement, including rent amount, security deposit, lease duration, and other important provisions.
Security Deposit Receipt
A document acknowledging the landlord's receipt of the security deposit, including the amount, date received, and where the deposit will be held.
Relevant Laws
New Hampshire RSA 540 - Eviction Proceedings
This statute outlines the legal process for evicting tenants in New Hampshire, including required notice periods and procedures. Landlords must follow specific steps before removing a tenant, such as providing proper written notice (7-30 days depending on the reason) and filing an eviction lawsuit if the tenant doesn't leave voluntarily.
New Hampshire RSA 540-A - Prohibited Practices and Security Deposits
This law establishes landlord and tenant rights and responsibilities in New Hampshire. It prohibits certain landlord actions like entering without notice, shutting off utilities, or removing tenant property without a court order. It also regulates security deposits, limiting them to one month's rent (or two months for tenants 65+) and requiring return within 30 days of lease termination.
New Hampshire RSA 155-A - State Building Code
Rental properties in New Hampshire must comply with state building codes for safety. This includes requirements for smoke detectors, carbon monoxide detectors, and maintaining habitable conditions. Landlords must ensure their rental properties meet these standards before leasing to tenants.
New Hampshire RSA 477:4-e - Required Radon Notification
When renting property in New Hampshire, landlords must provide tenants with information about radon gas hazards. This disclosure is mandatory and informs tenants about potential health risks associated with radon exposure in residential properties.
New Hampshire RSA 354-A - State Anti-Discrimination Law
This law prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, disability, age, marital status, or sexual orientation. Landlords must understand fair housing requirements when advertising rentals, selecting tenants, and managing rental properties.
New Hampshire RSA 540:13-d - Military Personnel Lease Termination
This statute allows active duty military personnel to terminate a lease early under certain conditions, such as receiving permanent change of station orders or deployment. Landlords must accommodate these requests when properly documented by military tenants.
Regional Variances
Southern New Hampshire
Manchester has additional rental property registration requirements. Landlords must register their rental units with the city's Building Department and pay an annual fee. The city also conducts more frequent housing inspections compared to other parts of the state.
Nashua has stricter lead paint disclosure requirements than state law. Landlords must provide tenants with lead paint information regardless of when the property was built, not just for pre-1978 construction as required by federal law.
Seacoast Region
Portsmouth has more stringent noise ordinances that landlords should include in lease agreements. The city also has specific short-term rental regulations that limit Airbnb-type rentals in certain zones and may require special permits.
Dover requires landlords to obtain a Certificate of Compliance before renting units. This involves passing a safety inspection that goes beyond state requirements, particularly for fire safety measures.
Lakes Region
Laconia has special regulations for seasonal rentals near the lakes, including additional environmental protection clauses that must be included in leases. The city also has stricter occupancy limits during tourist season.
Northern New Hampshire
Berlin offers tax incentives for landlords who renovate older properties, but requires additional inspections and compliance with historical preservation guidelines in certain districts.
College Towns
Hanover has specific zoning restrictions limiting the number of unrelated occupants in a single dwelling unit, which affects how properties can be rented to students. The town also has stricter parking requirements for rental properties.
Durham has implemented special rental housing standards aimed at student housing, including mandatory annual inspections and occupancy limitations. Landlords must also obtain a housing permit specifically for renting to more than three unrelated individuals.
Suggested Compliance Checklist
Research New Hampshire Landlord-Tenant Laws
1 days after startingFamiliarize yourself with New Hampshire's landlord-tenant laws (RSA 540 and RSA 540-A) which govern rental properties in the state. Pay special attention to security deposit limits, notice requirements, and tenant rights. The New Hampshire Department of Justice website offers resources for landlords.
Prepare a Rental Application Form
3 days after startingCreate or obtain a rental application form to screen potential tenants. In New Hampshire, you can request information about income, rental history, and references. Be careful to avoid questions that could be considered discriminatory under fair housing laws. Application fees are permitted but should be reasonable and related to actual screening costs.
Draft a Residential Lease Agreement
5 days after startingCreate a comprehensive lease agreement that complies with New Hampshire law. Include terms regarding rent amount, due date, lease duration, security deposit (limited to one month's rent unless the unit is unfurnished, then it can be up to two months' rent), utilities, maintenance responsibilities, and other important terms. Make sure all terms comply with state law - certain provisions may be unenforceable in New Hampshire.
Prepare a Lead-Based Paint Disclosure Form
5 days after startingFederal law requires landlords of properties built before 1978 to disclose known information about lead-based paint and provide tenants with an EPA-approved pamphlet. Even if you don't know of any lead paint in the property, you must still provide this disclosure if the building was constructed before 1978.
Create a Move-In/Move-Out Inspection Checklist
7 days after startingDevelop a detailed checklist to document the condition of the property before the tenant moves in and after they move out. This will help avoid disputes about security deposit deductions. In New Hampshire, it's advisable to have the tenant sign this form to acknowledge the condition of the property at move-in.
Draft Landlord's Rules and Regulations
7 days after startingCreate a document outlining house rules and regulations that tenants must follow. This may include policies on noise, guests, smoking, pets, parking, and common area usage. Ensure these rules are reasonable and don't violate tenant rights under New Hampshire law.
Prepare a Security Deposit Receipt
8 days after startingIn New Hampshire, landlords must provide a receipt for security deposits and inform tenants where the deposit is being held. The deposit must be placed in a separate account from the landlord's personal funds. The receipt should include the amount, date received, and where the deposit is being held.
Create a Notice of Entry Form
8 days after startingPrepare a form to notify tenants when you need to enter the property. New Hampshire law requires landlords to provide at least 24 hours' notice before entering a tenant's unit except in emergencies. This form helps document your compliance with this requirement.
Register with Local Authorities if Required
10 days after startingCheck with your local municipality to determine if there are any rental registration or licensing requirements. Some New Hampshire cities and towns require landlords to register their rental properties or obtain specific permits.
Ensure Property Meets Safety and Building Codes
14 days after startingVerify that your property complies with all applicable building, health, and safety codes. New Hampshire law requires rental units to be fit for human habitation, which includes working plumbing, heating, electricity, and being free from infestations.
Set Up Property Insurance
15 days after startingObtain landlord insurance (also called rental property insurance) to protect your investment. This typically covers the building, liability protection, and potentially lost rental income. Consider requiring tenants to obtain renter's insurance in your lease agreement.
Establish a System for Rent Collection
16 days after startingDecide how you will collect rent (check, electronic payment, etc.) and establish clear procedures for late payments. In New Hampshire, there is no grace period for late rent required by law, but you should specify any late fees in the lease agreement.
Create a Maintenance Request System
17 days after startingEstablish a clear process for tenants to request repairs or maintenance. New Hampshire landlords are required to maintain rental properties in a fit and habitable condition and make all repairs necessary to comply with housing codes.
Prepare for Tax Implications
20 days after startingConsult with a tax professional about reporting rental income and potential deductions. You'll need to report rental income on your tax returns, but you may be able to deduct expenses related to managing and maintaining the property.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Research New Hampshire Landlord-Tenant Laws | Familiarize yourself with New Hampshire's landlord-tenant laws (RSA 540 and RSA 540-A) which govern rental properties in the state. Pay special attention to security deposit limits, notice requirements, and tenant rights. The New Hampshire Department of Justice website offers resources for landlords. | - | 1 |
| Prepare a Rental Application Form | Create or obtain a rental application form to screen potential tenants. In New Hampshire, you can request information about income, rental history, and references. Be careful to avoid questions that could be considered discriminatory under fair housing laws. Application fees are permitted but should be reasonable and related to actual screening costs. | Rental Application Form | 3 |
| Draft a Residential Lease Agreement | Create a comprehensive lease agreement that complies with New Hampshire law. Include terms regarding rent amount, due date, lease duration, security deposit (limited to one month's rent unless the unit is unfurnished, then it can be up to two months' rent), utilities, maintenance responsibilities, and other important terms. Make sure all terms comply with state law - certain provisions may be unenforceable in New Hampshire. | Residential Lease Agreement | 5 |
| Prepare a Lead-Based Paint Disclosure Form | Federal law requires landlords of properties built before 1978 to disclose known information about lead-based paint and provide tenants with an EPA-approved pamphlet. Even if you don't know of any lead paint in the property, you must still provide this disclosure if the building was constructed before 1978. | Lead-Based Paint Disclosure Form | 5 |
| Create a Move-In/Move-Out Inspection Checklist | Develop a detailed checklist to document the condition of the property before the tenant moves in and after they move out. This will help avoid disputes about security deposit deductions. In New Hampshire, it's advisable to have the tenant sign this form to acknowledge the condition of the property at move-in. | Move-In/Move-Out Inspection Checklist | 7 |
| Draft Landlord's Rules and Regulations | Create a document outlining house rules and regulations that tenants must follow. This may include policies on noise, guests, smoking, pets, parking, and common area usage. Ensure these rules are reasonable and don't violate tenant rights under New Hampshire law. | Landlord's Rules and Regulations | 7 |
| Prepare a Security Deposit Receipt | In New Hampshire, landlords must provide a receipt for security deposits and inform tenants where the deposit is being held. The deposit must be placed in a separate account from the landlord's personal funds. The receipt should include the amount, date received, and where the deposit is being held. | Security Deposit Receipt | 8 |
| Create a Notice of Entry Form | Prepare a form to notify tenants when you need to enter the property. New Hampshire law requires landlords to provide at least 24 hours' notice before entering a tenant's unit except in emergencies. This form helps document your compliance with this requirement. | Notice of Entry Form | 8 |
| Register with Local Authorities if Required | Check with your local municipality to determine if there are any rental registration or licensing requirements. Some New Hampshire cities and towns require landlords to register their rental properties or obtain specific permits. | - | 10 |
| Ensure Property Meets Safety and Building Codes | Verify that your property complies with all applicable building, health, and safety codes. New Hampshire law requires rental units to be fit for human habitation, which includes working plumbing, heating, electricity, and being free from infestations. | - | 14 |
| Set Up Property Insurance | Obtain landlord insurance (also called rental property insurance) to protect your investment. This typically covers the building, liability protection, and potentially lost rental income. Consider requiring tenants to obtain renter's insurance in your lease agreement. | - | 15 |
| Establish a System for Rent Collection | Decide how you will collect rent (check, electronic payment, etc.) and establish clear procedures for late payments. In New Hampshire, there is no grace period for late rent required by law, but you should specify any late fees in the lease agreement. | - | 16 |
| Create a Maintenance Request System | Establish a clear process for tenants to request repairs or maintenance. New Hampshire landlords are required to maintain rental properties in a fit and habitable condition and make all repairs necessary to comply with housing codes. | - | 17 |
| Prepare for Tax Implications | Consult with a tax professional about reporting rental income and potential deductions. You'll need to report rental income on your tax returns, but you may be able to deduct expenses related to managing and maintaining the property. | - | 20 |
Frequently Asked Questions
In New Hampshire, a valid lease agreement should include: names of all parties, property address, lease term, rent amount and due date, security deposit amount (limited to one month's rent for unfurnished units), and signatures of all parties. While oral leases are legally binding for terms less than one year, written leases are strongly recommended to avoid disputes.
New Hampshire law limits security deposits to one month's rent or $100, whichever is greater, for unfurnished units. For furnished units, you may charge up to one month's rent plus $100. Security deposits must be held in a separate account, and you must provide the tenant with a receipt indicating where the deposit is being held within 30 days of receiving it.
You must return the security deposit within 30 days after the tenant vacates the property. If you withhold any portion for damages beyond normal wear and tear, you must provide an itemized list of deductions. Failure to return the deposit or provide an itemized statement within 30 days may result in you being liable for double the amount wrongfully withheld.
For month-to-month tenancies in New Hampshire, landlords must provide at least 30 days' written notice before increasing rent. For fixed-term leases, rent cannot be increased until the lease term ends unless the lease specifically allows for it. There are no rent control laws in New Hampshire, so there are no limits on how much you can increase the rent.
New Hampshire landlords must disclose: information about the person authorized to manage the property, any known lead-based paint hazards (for properties built before 1978), and information about the security deposit account. Additionally, you should disclose any known defects that might affect habitability or safety.
Legal grounds for eviction in New Hampshire include: non-payment of rent, violation of lease terms, damage to the property, creating a nuisance, using the property for illegal purposes, or when a lease term ends and is not renewed. You must follow proper eviction procedures, which start with serving an appropriate notice to the tenant.
The New Hampshire eviction process requires: 1) Serving proper written notice (7 days for non-payment of rent, 30 days for most other violations); 2) Filing an eviction lawsuit (Landlord and Tenant Writ) if the tenant doesn't comply; 3) Attending a court hearing; 4) If you win, obtaining a Writ of Possession; and 5) Having a sheriff execute the Writ if the tenant doesn't leave voluntarily. Self-help evictions (changing locks, removing belongings, etc.) are illegal.
New Hampshire landlords must maintain rental properties in accordance with health and safety codes, including: providing functioning plumbing, electrical, heating systems, and hot water; keeping common areas clean and safe; ensuring structural elements are sound; providing proper trash receptacles; and making all necessary repairs to keep the premises fit and habitable. Failure to meet these obligations may give tenants the right to withhold rent or terminate the lease.
No. While New Hampshire doesn't have a specific statute governing entry, landlords are generally expected to provide reasonable notice (typically 24 hours) before entering a tenant's unit, except in emergencies. The lease should specify entry terms. Entering without proper notice or permission could be considered trespassing or harassment.
Yes. Under federal Fair Housing laws and New Hampshire's Law Against Discrimination, you cannot discriminate against tenants with disabilities. You must allow reasonable accommodations (changes in rules or policies) and reasonable modifications (physical changes to the property) at the tenant's expense. Service animals must be permitted even in 'no pets' properties. Additionally, you cannot ask about the nature or severity of a disability.