New Hampshire
A New Hampshire residential lease agreement is a legal contract between a landlord and a tenant for the rental of a specific property. This agreement typically covers a fixed rental period, usually one year, and includes terms and conditions related to the tenancy.
Rental Application
A rental application is a form completed by potential tenants to provide references and authorize background and credit checks. It is used by landlords to assess a tenant’s financial situation and ability to pay rent.
Required Disclosures
New Hampshire law mandates certain disclosures that landlords must provide to tenants:
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Lead-Based Paint Disclosure: Required for properties built before 1978, landlords must inform tenants about the potential presence of lead-based paint and provide an EPA-approved pamphlet regarding its dangers.
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Move-In Checklist: Landlords must provide a move-in checklist to document the condition of the property within five days of the tenant moving in. This checklist helps ensure accurate deductions from the security deposit upon move-out.
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Security Deposit Receipt: Landlords must provide tenants with a receipt detailing the bank and account where the security deposit is held, unless the deposit was paid via certain types of checks.
Security Deposit Laws
Maximum Amount
Landlords may charge a security deposit of up to one month’s rent or $100, whichever is greater. However, if the landlord owns more than six rental units, the maximum security deposit is limited to one month’s rent.
Returning the Deposit
Any unused portion of a tenant’s security deposit must be returned within 30 days of the end of the tenancy. If any deductions are made, the landlord must provide an itemized list of those deductions.
Interest Payments
If a landlord holds a security deposit for a year or longer, they are required to pay interest on the deposit annually. This interest can be returned to the tenant or deducted from their rent.
Rent Payment Laws
Grace Period
There is no grace period for rent payments in New Hampshire.
Maximum Late Fee
There is no maximum limit on late fees; however, they must be reasonable and disclosed in the lease agreement.
NSF Fee
Landlords may charge up to $25 for a bounced check.
Lease Agreement Duration
In New Hampshire, lease agreements can be of any length, as long as the duration is specified and agreed upon in writing. Oral leases are typically not enforceable for terms longer than one year.
Notarization
Lease agreements in New Hampshire do not need to be notarized to be valid.
Automatic Renewal
Leases can automatically renew in New Hampshire. After the initial term, the lease may convert to a month-to-month agreement unless otherwise specified.
FAQs
In New Hampshire, landlords must provide three key disclosures: a Lead-Based Paint Disclosure for properties built before 1978, a Move-In Checklist to document the condition of the property within five days of moving in, and a Security Deposit Receipt detailing where the security deposit is held.
In New Hampshire, the maximum security deposit a landlord can charge is either one month’s rent or $100, whichever is greater. If the landlord owns more than six rental units, they can only require a maximum of one month’s rent.
Landlords in New Hampshire must return any unused portion of a tenant’s security deposit within 30 days of the end of the tenancy. If deductions are made, landlords must provide an itemized list of damages within this timeframe.
No, New Hampshire does not provide a grace period for rent payments. Rent is typically due on the first of each month unless otherwise specified in the lease agreement.
If a tenant’s check bounces in New Hampshire, the landlord can charge a Non-Sufficient Funds (NSF) fee of up to $25 as a penalty for the bounced check.
No, lease agreements in New Hampshire do not need to be notarized to be legally binding. A lease is valid as long as it is signed by both parties.
Yes, a lease can automatically renew in New Hampshire. After the initial term, it typically converts to a month-to-month rental agreement unless otherwise specified in the lease.
A New Hampshire rental application typically includes tenant references, authorization for background and credit checks, and information about the tenant’s financial situation to assess their ability to pay rent.
Landlords in New Hampshire are required to maintain rental properties in a habitable condition, promptly repair issues, and ensure essential services like heat, water, and electricity are available, complying with health and safety codes.