Free New Hampshire Lease Agreement Template

A New Hampshire lease agreement is a written contract between a landlord and a tenant for renting a residential property in the state. It explains:

• Who is renting the property
• How much rent is due and when
• How the security deposit works
• Who handles repairs and day-to-day upkeep

Having the terms in writing helps prevent disputes and gives both sides a clear reference if questions come up during the tenancy.

New Hampshire has specific landlord-tenant rules that your lease should reflect. Key points include:

• Rent control: New Hampshire doesn’t have statewide rent control. Landlords and tenants agree on rent in the lease.
• Late fees: There’s no statutory cap, but late fees should be reasonable and clearly written into the lease.
• Grace period: State law doesn’t require a grace period, so rent is late as soon as it’s past the due date in the lease.
• Rental application: Landlords commonly use a rental application to screen tenants before signing a lease.

New Hampshire follows many of the same principles found in the Uniform Residential Landlord and Tenant Act, which are reflected in the state’s landlord-tenant guidance from the New Hampshire Department of Justice Consumer Sourcebook (New Hampshire DOJ Consumer Sourcebook – Renting).

New Hampshire places clear limits on security deposits and how they must be handled:

• Maximum amount: Landlords may usually collect up to one month’s rent or $100, whichever is greater. If a landlord owns more than six units, the cap is one month’s rent for each unit (NH Rev Stat § 540-A:6).
• Receipts and bank account: Landlords must provide a written receipt for the deposit and hold it in a separate, interest-bearing account at a New Hampshire bank, apart from personal funds (NH Rev Stat § 540-A:6).
• Interest payments: If the landlord holds the deposit for one year or longer, they must pay interest to the tenant. Interest can be paid out or applied to rent.
• Return deadline: The landlord has 30 days after move-out to return the deposit. If any portion is kept, they must send an itemized list of deductions and the remaining funds within that same 30-day window (NH Rev Stat § 540-A:7).
• Allowed deductions: Unpaid rent, damage beyond normal wear and tear, and reasonable costs to store or dispose of abandoned belongings.

Spelling out the deposit amount, where it’s held, and how it will be returned in your New Hampshire lease agreement helps avoid end-of-tenancy disputes.

Your lease should clearly explain how and when rent must be paid. Under New Hampshire law:

• Due date: Rent is typically due on the first of the month unless the lease sets a different date.
• Rent increases: There’s no statewide limit on rent increases. For ongoing tenancies, landlords must follow the notice rules in the lease and applicable statutes.
• Late fees: Late fees are allowed if they are reasonable and written into the lease before the tenancy starts.
• Non-payment: If rent isn’t paid, landlords generally must give written notice and an opportunity to pay (often seven days) before starting an eviction case. The New Hampshire DOJ Consumer Sourcebook explains this process for tenants and landlords (New Hampshire DOJ Consumer Sourcebook – Renting).
• Withholding rent: Tenants may be able to withhold rent or use rent to pay for critical repairs if the landlord fails to fix serious health or safety issues within 14 days after written notice. These rights are outlined in NH Rev Stat § 540:13-d. Your lease should still encourage tenants to report problems quickly and follow the legal process.

New Hampshire protects a tenant’s right to privacy while allowing landlords access for legitimate reasons:

• Notice: Landlords must give reasonable written or verbal notice before entering an occupied unit, except in emergencies (NH Rev Stat § 540-A:3).
• Reasonable times: Entry should occur at reasonable times of day and for valid reasons, such as repairs, inspections, or showings to future tenants or buyers.
• Emergencies: In urgent situations—like fire, flooding, or another serious threat to health or safety—landlords may enter without prior notice.

Your New Hampshire lease agreement should explain when you may access the property and how you will give notice, so tenants know what to expect.

Both landlords and tenants have repair and maintenance duties under New Hampshire law.

Landlord responsibilities

• Keep the property in a safe, habitable condition.
• Provide essential services, including heat, water, and electricity, as required by local codes.
• Address serious repair issues promptly after receiving notice from the tenant.

Tenant responsibilities

• Keep the rental unit reasonably clean and sanitary.
• Use appliances, plumbing, and electrical fixtures properly.
• Follow health and safety rules and avoid damaging the property.
• Notify the landlord quickly in writing if something important needs repair.

If habitability problems continue, tenants may have the right to withhold rent or make repairs and deduct the cost, subject to the limits in NH Rev Stat § 540:13-d.

Landlords must provide certain disclosures to tenants in New Hampshire:

• Lead-based paint: For homes built before 1978, federal law requires a lead-based paint disclosure and an EPA information pamphlet (42 U.S.C. § 4852d).
• Signed lease copy: After both sides sign, the landlord must give the tenant a copy of the fully signed lease within a reasonable time, typically within 30 days, as outlined in state consumer guidance (New Hampshire DOJ Consumer Sourcebook – Renting).
• Move-in checklist: Landlords should provide a written list or checklist for the tenant to note existing defects shortly after move-in. The New Hampshire DOJ advises that tenants return the checklist within five days so both sides agree on the unit’s condition (New Hampshire DOJ Consumer Sourcebook – Renting).
• Security deposit receipt: If a security deposit is collected, the landlord must give a written receipt stating the amount, date received, and where the funds are held (NH Rev Stat § 540-A:6).

Including these disclosures directly with your New Hampshire lease agreement helps keep your rental in line with state and federal rules.

Ending a tenancy in New Hampshire usually requires written notice and a clear process.

• Month-to-month tenancies: Either the landlord or tenant may typically end a month-to-month lease with at least 30 days’ written notice before the next rent due date. This timing aligns with common practice outlined in state consumer resources (New Hampshire DOJ Consumer Sourcebook – Renting).
• Fixed-term leases: A fixed-term lease (such as one year) usually ends on the date in the contract unless both sides agree to renew or extend it.
• Unclaimed property: If a tenant leaves personal property behind after moving out, the landlord must make reasonable efforts to notify them and give them time to pick up their belongings.NH Rev Stat § 540-A:3 addresses handling and storing tenant property in some situations. Tenants may have up to 7 days to reclaim property that they left behind after vacating the premises (NH Rev Stat § 540-A:4)

Spelling out notice periods and move-out expectations in your New Hampshire lease agreement helps make the end of the tenancy smoother for everyone involved.