Looking for clear and concise information on New Hampshire landlord tenant law? Get all your answers from this plain English guide to the New Hampshire Landlord Tenant Act.
NH Landlord Tenant Law:
The landlord can ask prospective tenants for application fees to cover the costs of background and credit checks. The fee amount should be reasonable - We recommend charging around $30 per applicant. If the landlord did not run any tenant screening checks, the fees should be refunded.
A background check will show a person's history of addresses, evictions, bankruptcies, judgments and liens.
A full credit report comes with a basic background check, credit check plus criminal check. A basic background check shows a person's history of addresses, evictions and bankruptcies.
Landlords do not need the tenant or applicant's consent to run background and credit checks. Fair Credit Reporting Act § 604(a)(3)(F)
The Fair Housing Act disallows landlords from discriminating against prospective renters based on their race, color, religion, sex, *familial status, national origin or physical/mental handicap. 42 U.S.C. § 3604
*Familial status - pregnant women and families with person(s) under 18.
In addition, New Hampshire landlord tenant law disallows landlords from discriminating someone as a renter because of his or her age, sexual orientation, or marital status (or change in marital status). RSA 354-A:8
Landlords must follow the above Fair Housing laws except in the following situations:
1. Landlords renting out the only single family house they own. This exemption does not apply to landlords who own two or more single family houses.
2. Landlords renting out dwellings with three or less rental units and are occupied by the landlord or landlord's family member(s). RSA 354-A:13
(also known as a lease agreement or rental agreement)
Whether you're a landlord or tenant, it's important to have a written lease agreement with terms and conditions that favors you and follows your state laws.
To save time and avoid mistakes, you can customize your own lease agreement at LawDepot. This site will ask you a set of questions related to your tenancy and create a state-specific agreement based on your answers.
New Hampshire landlord tenant law requires all tenancy agreements to contain the following details:
According to New Hampshire landlord tenant law, your lease agreement CANNOT:
The following New Hampshire security deposit laws do NOT apply to landlords who
According to New Hampshire landlord tenant law, the landlord can ask for up to one month's rent as security deposit. RSA 540-A:6, I(a)
New Hampshire landlord tenant law does not contain statues regarding pet deposits and non-refundable fees.
New Hampshire landlord tenant law requires the landlord to hold the security deposit in a trust account of a bank, savings and loan association or credit union. The landlord can hold security deposits from multiple tenants in one account, but the landlord still has to individually account for every tenant's deposit. This trust account cannot contain other types of funds. RSA 540-A:6, II(a)
Whenever the landlord receives a security deposit, he or she has to give the tenant a receipt unless the tenant is paying by check. RSA 540-A:6, I(c)
The landlord has to pay the tenant interest on any security deposit that is held for one year or longer. This interest paid shall be equal to the interest rate of the trust account holding the deposit.
If the tenant requests for it, the landlord has to provide the following information: bank (or savings association or credit union) holding the deposit, account number, deposit amount and deposit interest rate. In addition, the tenant is allowed to examine his or her security deposit records. RSA 504-A:6, IV(b)
New Hampshire landlord tenant law requires the landlord to inform the tenant of the terms and conditions for security deposit deductions.
Valid reasons for security deposit deductions under New Hampshire landlord tenant law RSA 540-A:7, II include:
The landlord is NOT allowed to take money from the security deposit due to damage from *normal wear and tear. *Normal wear and tear is the natural deterioration of the property (and its contents) from normal everyday use.
Once the lease terminates and the tenant returns the property, the landlord must send the tenant a list of security deposit deductions and refund any remaining deposit within 30 days. This list has to individually account for all damages and rent owed in writing. RSA 540-A:7, I
If the landlord fails to follow New Hampshire landlord tenant law for deducting and returning security deposit, the tenant can recover up to two times the security deposit amount plus any interest due (after deductions).
Six months after the tenancy has terminated, the landlord shall get to keep any deposit and interest that is unclaimed by the tenant. RSA 540-A:8
If the landlord transfers his or her ownership of the property to another person by sale, assignment, appointment or foreclosure, the landlord has to transfer all security deposits to the new owner within five days. RSA 540-A:6, III
The landlord also has to send the tenant a written notice (by registered or certified mail) stating that the security deposit has been transferred to the new owner and what is the new owner's name and address.
Manchester, New Hampshire NH
If there is no lease agreement, New Hampshire landlord tenant will consider every lease to be a tenancy at will and the tenant has to pay rent whenever the landlord demands for it. RSA 540:1
As long as the landlord and tenant are agreeable, they can choose the time, place and method of rent payment.
There are no New Hampshire landlord tenant statutes on imposing charges for late rent payments.
If the landlord wants to impose late rent charges, it has to be specified in the tenancy agreement. While there are no state laws on late fees, landlords cannot overcharge or impose unfair terms. Otherwise the tenant can refuse to pay and challenge the late fees in court.
Most states consider reasonable late fees to be around 3 to 5% of the rent amount. In addition, landlords should wait until rent payment is at least three days late before charging late fees.
According to the New Hampshire Landlord Tenant Act, the landlord can choose to raise the rent by any amount.
For a month to month tenancy, the landlord has to notify the tenant of a rent increase at least 30 days in advance. The tenant can then choose to pay the higher rent or move out. If the tenant chooses to leave, he or she should give the landlord a 30 day notice to terminate tenancy in writing. RSA 540:2, IV
For a fixed term tenancy, the landlord isn't allowed to raise the rent until the tenancy expires.
The New Hampshire Landlord Tenant Act RSA 48-A:14 requires the landlord to maintain the property in a safe and habitable condition:
According to New Hampshire landlord tenant law RSA 540-A:3, V, the landlord is only allowed to enter the property for the following reasons:
In the above situations, the landlord must inform the tenant at least 24 hours in advance before entering the property. The landlord can only enter the property with the tenant's consent and during reasonable hours.
According to New Hampshire landlord tenant law, the landlord may enter the property without permission in the following situations:
There are no specific New Hampshire landlord tenant laws on subletting.
We recommend that the landlord and tenant work out the following details and include them in the rental agreement:
Portsmouth, New Hampshire NH
Before terminating a tenancy, New Hampshire landlord tenant law requires you to give the other party a written notice to quit 30 days in advance. This applies for all types of tenancy. RSA 540:3, II
If you are the tenant, the following are the minimum number of days for giving your landlord a notice to quit:
Tenant is deployed in the armed forces
After receiving his or her notice for active duty or reassignment, New Hampshire landlord tenant law RSA 540-11-a allows the tenant to terminate the rental agreement in the following situations:
The tenant may terminate the rental agreement by giving the landlord a written notice to quit AND a copy of the official orders or signed verification letter by the tenant's commanding officer.
The lease shall be terminated 30 days after the next rent due date (e.g. If the tenant gives notice to quit on 10 Jan and rent is due on 15 Jan, then the lease shall terminate on 15 Feb).
According to New Hampshire landlord tenant law RSA 540:2, the following are valid reasons for evicting tenants and the minimum number of days for giving them a notice to quit:
Tenant did not pay rent or utility bills
Tenant or related person caused substantial property damage
Tenant violated tenancy agreement or didn't perform duties
Tenant or related person endangered health or safety of landlord or other tenants
Property contains lead hazards
Whether you are a landlord evicting someone or a tenant facing eviction, it's important that you handle matters correctly according to your state laws.
If you have any questions or doubts on eviction, you can ask a local landlord tenant lawyer online.
If the tenant did not pay rent or utility charges on time, the landlord can send the tenant a seven day written notice to terminate the tenancy. This notice must state the amount of rent owed and inform the tenant that he or she can choose to pay or move out. RSA 540:3, II
If the rent plus $15 (plus any damages) are paid within seven days, the tenant may continue staying on the property. If the tenant is late in paying rent for more than three times in one year, the landlord may refuse the rent and continue with eviction. RSA 540:9
Also known as "Notice of Termination of Tenancy" or "Notice to Quit", the landlord can serve an eviction notice to the tenant with any following method:
According to New Hampshire landlord tenant law, the landlord CANNOT force the tenant to move out by shutting off utilities (electricity, water, gas, sanitation), changing the locks, taking the tenant's belongings or taking possession of the property by force without a court hearing. RSA 540-A:3, I, II, III
If the landlord forces the tenant to move out with (the unlawful methods above) or shuts off utilities, the tenant can EITHER
1. regain possession of the property OR
2. terminate the tenancy agreement
In addition, the tenant may also sue the landlord for 1.5 times the amount of actual damages.
There are no specific New Hampshire landlord tenant laws on when the property is considered abandoned by the tenant.
We recommend that the landlord and tenant work out the following details and include them in the rental agreement:
If the tenant left his or her personal belongings behind after abandoning the property or being evicted, the landlord must inform the tenant where the belongings are stored AND give the tenant seven days to remove them. RSA 540-A:3, VII]
The landlord has to make a reasonable effort to store the abandoned belongings and the tenant can recover them without paying rent or storage fees within the first seven days. After seven days, the landlord can dispose the abandoned belongings without inform the tenant.
New Hampshire Landlord Tenant Law: New Hampshire Landlord and Tenant Act
New Hampshire Landlord Tenant Handbook: Renting, Security Deposits and Evictions
If you have any questions or need legal advice, you can ask a local landlord tenant lawyer online.