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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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Landlord and tenant relationships in New Hampshire are governed by the New Hampshire Residential Landlord and Tenant Act. This act outlines specific rights and responsibilities for both parties to ensure a fair rental experience.
Below is an overview of some of the rights and consequent responsibilities of landlords and tenants in New Hampshire.
Tenants in New Hampshire have several fundamental rights:
In terms of responsibilities, tenants must:
Landlords in New Hampshire also have specific rights:
Landlords are responsible for:
Sources: Tenant Rights | City of Concord NH (.gov), Landlord/Tenant - District Division | New Hampshire Judicial Branch (.gov).
A tenant must not refuse the landlord access to the premises for necessary repairs or reasonable functions, but the landlord must provide notice deemed reasonable under the circumstances before entering. (RSA 540-A:3, V)
Generally, a notice is deemed reasonable as long as it is more than 24 hours in advance and the landlord only enters during working hours during the week.
For emergency repairs, the landlord can enter without notice, including emergencies such as infestations of rodents or insects, provided entry occurs within 72 hours of first receiving notice (RSA 540-A:3, IV).
Landlords in New Hampshire may charge a ‘reasonable’ late fee for each period that a tenant fails to pay rent.
A late fee of $20 or 20% of the rent payment, whichever is higher, is considered reasonable under New Hampshire law.
Additionally, there is a mandatory grace period of 5 days in New Hampshire. This means no late fee can be charged if the tenant pays the full amount within five days after the due date.
Any late fees must be clearly stated, with the fee amount and conditions under which it applies, in the rental agreement. (N.H. Rev. Stat. § 451-C:7)
In New Hampshire, landlords have the right to raise rent, but they must follow specific laws and regulations.
New Hampshire does not have rent control laws or any statutes that cap the amount a landlord can increase rent, leaving the decision at the landlord's discretion. However, any rent hike must be reasonable and not designed to circumvent other duties and regulations, such as maintaining maximum occupancy.
Landlords can typically raise rent at the end of a lease term by issuing a rent increase notice to tenants. This notice must be provided using a method that provides documentation, such as certified mail with a return receipt or personal delivery with a witness present.
A tenant's refusal to agree to a rent increase after the landlord has provided reasonable notice of that increase shall constitute good cause for an eviction.
While there is no limit on the amount of rent increase, certain conditions apply:
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New Hampshire has specific laws governing the rental application process that both landlords and tenants should understand to ensure compliance and protect their rights.
In New Hampshire, there is no limit on application fees.
This means they can set their fees as they see fit, and importantly, these fees are non-refundable, regardless of whether the application is approved or denied.
This lack of regulation can lead to potential disputes, so landlords should always be fair, only charge reasonable fees, and communicate clearly about the fees involved before the application process begins.
While New Hampshire does not have state-specific laws limiting housing discrimination, it is essential for landlords to comply with the federal Fair Housing Act (FHA). The FHA prohibits discrimination based on race, color, national origin, religion, sex, familial status, disability, or criminal history.
Therefore, landlords must avoid soliciting information related to these protected characteristics on rental applications and ensure that their screening processes do not discriminate against applicants based on these factors (N.H. Rev. Stat. § 354-A:8).
Landlords are required to disclose the criteria used to evaluate applicants during the screening process. This includes providing a written notice of any factors that could lead to an application being denied.
To ensure transparency, applicants must sign an acknowledgment of these criteria on the application itself. This requirement helps to foster a fairer rental process by making expectations clear from the outset.
Under federal law, specifically the Fair Credit Reporting Act (FCRA), landlords must obtain written consent from prospective tenants to conduct credit history checks. This consent is crucial, as it protects tenant privacy and ensures that landlords are following legal protocols when assessing the financial reliability of applicants.
Tenant screening laws in New Hampshire play a key role in safeguarding the interests of both landlords and tenants. Landlords should be aware of several important guidelines when screening tenants:
To create a comprehensive and effective rental application process, landlords should include the following key elements:
Resource: Free New Hampshire Rental Application Form | LawDistrict
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New Hampshire's security deposit laws are designed to protect both landlords and tenants, ensuring a fair rental experience. Governed by New Hampshire Revised Statutes (RSA) 540-A, these laws outline the maximum allowable deposit, handling procedures, and conditions for deductions.
In New Hampshire, landlords cannot collect a security deposit exceeding one month's rent or $100, whichever is greater. (RSA 540-A:6)
For instance, if the monthly rent is $2,000, the maximum deposit allowed is also $2,000. An exception exists for rentals involving a "shared facility," where landlords can charge any amount as a security deposit.
Landlords may charge non-refundable fees, such as pet fees or application fees, however, the total security deposit (including the pet deposit) may not exceed one month's rent or $100, whichever is greater.
Any pet fees the landlord plans to charge must be clearly specified in the lease agreement to ensure transparency for tenants.
Landlords have the right to make deductions from the security deposit for specific reasons, including:
Other permissible deductions may cover unpaid utilities or cleaning costs if the property is left excessively dirty.
Yes, landlords are required to provide an itemized statement detailing any deductions made from the security deposit. (RSA 540-A:7).
Landlords must keep security deposits in a separate trust or escrow account, separate from their personal funds, in a financial institution operating in New Hampshire. If a deposit is held for over one year, it must accrue interest at a rate equivalent to that of a savings account in the state.
Deposits may be kept in a single trust account as outlined in RSA 540-A:6(II)(b), or secured by a bond under RSA 540-A:6(II)(c).
Landlords are required to return the security deposit within 30 days after the tenant vacates the property. (RSA 540-A:7(I))
If deductions are made, landlords must provide an itemized list detailing the reasons for each deduction, including amounts and any supporting documentation.
Failure to comply can lead to legal consequences, including potential penalties for wrongfully withholding deposits, which may amount to twice the withheld amount plus attorney fees.
If a security deposit is held for more than one year, landlords must pay tenants the interest accrued on the deposit when it is returned. This provision ensures that tenants benefit from the time their funds are held. (RSA 540-A:6(IV)(a))
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A New Hampshire lease agreement is a crucial legal document that formalizes the relationship between landlords and tenants, outlining the specific terms and conditions governing the rental of a property.
In New Hampshire, a lease agreement is not merely a formality; it is essential for ensuring that both landlords and tenants understand their obligations.
For landlords, it guarantees that their property is occupied legally and that rent payments are received on time. For tenants, it provides assurance of a safe and habitable living environment as well as a clear outline of their rights under New Hampshire law.
Yes, oral lease agreements are allowed in New Hampshire for tenancies of one year or less. However, oral agreements can lead to disputes since they lack written documentation, making it harder to prove the terms agreed upon. Therefore, it’s recommended to have a written lease agreement for clarity and legal protection.
To create an effective lease agreement, several key elements must be included:
Free Resources: New Hampshire Standard Residential Lease Agreement | eForms
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The process of breaking a lease in New Hampshire is governed by specific legal requirements that protect both landlords and tenants. Understanding these laws is essential for both parties to navigate lease termination effectively.
Here's an overview of the required notice to end a lease in New Hampshire for landlords, depending on the tenancy type:
For month-to-month tenancies, landlords must provide a valid reason to terminate the lease. Unlike many states where landlords can end such tenancies with sufficient notice, New Hampshire requires landlords to cite a legitimate business or economic reason for termination (N.H. Rev. Stat. § 540:2(V) (2024)). If a valid reason is established, a 30-day notice must be given to the tenant (N.H. Rev. Stat. § 540:3 (2024)).
Similarly, landlords cannot refuse to renew a long-term lease without good cause, even after the lease term has expired. A 30-day notice is also required in this case if the landlord has a legitimate reason for not renewing the lease (N.H. Rev. Stat. § 540:2 (2024)).
Tenants may break a lease without penalties under specific circumstances, including:
The eviction process in New Hampshire is governed by specific laws that protect the rights of both landlords and tenants. It is crucial for both parties to understand the legal grounds for eviction and the required procedures to ensure a fair and lawful process.
Landlords in New Hampshire can initiate eviction proceedings for several reasons, including:
Nonpayment of rent: 7-day notice to pay or quit
Tenants are required to pay rent on time, and failure to do so can lead to eviction. Landlords must provide a 7-day notice to tenants. (§§ 540:3(II)) The tenant may remedy the situation by paying rent in full within 7 days, plus $15 and other damages, but may not use this action more than three times in a 12-month period. (§§ 540:9)
Lease violations: 30-day notice to cure or quit
Tenants must adhere to the terms of their lease agreement. Violations, such as unauthorized occupants or pets, or damage to the property, can result in a 30-day notice to correct the issue or vacate the premises. (§§ 540:3(II))
Threats to safety: 7-day notice to quit
Behaviors that endanger the health or safety of other tenants or the landlord may lead to an unconditional notice to quit, requiring the tenant to vacate within 7 days without the opportunity to remedy the situation. (§§ 540:2(II), 540:3(II))
The eviction process begins with the landlord serving the tenant with a written notice, which varies in duration depending on the reason for eviction:
The notice must clearly state the reason for eviction and the date by which the tenant must either remedy the issue or vacate the property.
The eviction process in New Hampshire follows a structured legal pathway:
Unlike many other states, New Hampshire does not have specific laws exclusively governing HOAs, which means that the regulations can vary significantly from one community to another.
Most HOAs in New Hampshire are organized as voluntary corporations, as outlined in the New Hampshire Voluntary Corporations and Associations Act (RSA Chapter 292). This act provides the legal framework for the formation and management of these entities.
While HOAs have the freedom to establish their own rules, they must comply with broader federal and state laws, including the Fair Housing Act and the New Hampshire Law Against Discrimination (RSA Chapter 354-A), which prohibits discrimination based on various factors such as race, gender, and disability.
In addition to the aforementioned laws, several other statutes may apply to HOAs in New Hampshire:
In New Hampshire, the legal framework surrounding squatters' rights is primarily governed by the doctrine of adverse possession.
Under New Hampshire law, a squatter can file an adverse possession claim if they have continuously occupied a property for 20 years (N.H. Rev. Stat. Ann. § 508:2).
Notably, unlike many other states, New Hampshire does not require squatters to pay property taxes or possess a color of title (a legal term indicating ownership) to initiate this claim.
To successfully claim adverse possession, squatters must satisfy five essential criteria:
Below, you’ll find some helpful New Hampshire landlord–tenant law resources:
