New Hampshire Landlord Tenant Rights
Entering into a lease agreement is a big decision. Before you sign on the dotted line for a New Hampshire rental, take a look at our quick guide to New Hampshire Landlord Tenant Rights.
Landlords have certain responsibilities to tenants under New Hampshire law. These include the duty to address, provide, or maintain the following:
- Dwelling structures
- Post inspection and abatement
- Electrical wiring and outlets
- Waterproofing of walls
- Garbage removal
- Gas lines
- Mold (only in some jurisdictions)
- Make mandatory disclosures, such as lead paint
Landlords must respond to repair requests within 14 days; if they fail to do so, tenants can withhold rent until the issue is addressed. Landlords are prohibited from engaging in retaliatory conduct.
Tenants likewise have responsibilities to their landlords. These include:
- Pay the rent in a timely manner
- Maintain the premises in a safe and habitable condition
- Ensure that all fixtures are in a clean and sanitary condition
- Perform minor maintenance and make small repairs
- Not disturb other tenants or neighbors
Landlords have the option to request a security deposit in the amount of 1 month’s rent. They have 30 days to return the deposit minus deductions or they may be held liable for up to two times the original deposit amount.
Rent and Fees
New Hampshire law allows landlords to charge any amount they choose for rent and fees. They can raise rent by any amount but must give tenants a 30-day notice beforehand.
Landlords have several grounds on which they can evict tenants. These include:
- Nonpayment of rent
- Violation of lease terms
- No lease or the lease has ended
- The tenant has caused substantial property damage or harm to others
- The tenant fails to accept temporary relocation
- The tenant fails to prepare the rental unit for rodent or insect treatment
- Illegal acts
The tenant can legally end their lease early in the following circumstances:
- If there is an early termination clause in the lease agreement
- Active military duty
- Landlord harassment
- The unit is uninhabitable
Landlords do not have a duty to mitigate damages by re-renting the premises; tenants may be held liable for payment for the duration of the original lease term.
Lease Termination Notice
If the landlord seeks to terminate the lease because of nonpayment of rent, they can issue a 7-day notice. If the tenant has violated the lease terms, the landlord is required to give them a 30-day notice. If there isn’t a lease or the lease term has ended and the tenant fails to vacate the premises the landlord must give the tenant a 30-day notice. The landlord must give the tenant a 7-day notice if they cause substantial property damage or harm to others. A 7-day notice is required if the tenant fails to accept temporary relocation for pest or insect treatment. A landlord may issue a 7-day notice if the tenant engages in illegal acts.
The tenant is also required to give the landlord notice before terminating the lease. Month-to-month and annual tenants are required to give a 30-day lease termination notice.