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    New Hampshire Residential Lease Agreement

    New Hampshire caps most security deposits at 1 month's rent (1 exception applies), and requires its return within 30 days after the lease ends.

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    New Hampshire lease rules at a glance

    Key New Hampshire rules for a residential lease, with the statute behind each
    RuleWhat the law says
    Security deposit cap1 month's rent (with exceptions)RSA 540-A:6, I(a), RSA 540-A:5, I
    Deposit return deadline30 days after the lease endsRSA 540-A:7, I
    Late feesNo state cap · grace period: no state grace periodRSA ch. 540-A (silent), RSA ch. 540 (silent), RSA ch. 540 (silent), RSA ch. 540-A (silent)
    Landlord entry noticeTenant's prior consent required; tenant may not refuse access for repairs or other reasonable functions at a reasonable time after notice adequate under the circumstances; 48 hours' written notice to inspect for bed bugs from an adjacent unit; no consent needed for emergency repairs or with a court orderRSA 540-A:3, RSA 540-A:4
    Ending a month-to-month lease30 days (either side)RSA 540:2, RSA 540:3, RSA 540:11, RSA 540:1-a
    Rent increase notice30 days (Fixed-term leases: no increase before the term ends unless the lease allows it)RSA 540:2
    Rent controlNo statewide rent controlRSA 540:2, IV, RSA ch. 540-A (table of contents)
    Eviction notice for unpaid rent7 days (7-day eviction notice (after demand for rent))RSA 540:3, RSA 540:2, II(a), RSA 540:9

    New Hampshire lease disclosures checklist

    When you take a deposit, give a signed receipt saying how much and where it is held (unless paid by check), tell the tenant in writing they have 5 days after move-in to list needed repairs, and give the federal lead-paint disclosure for pre-1978 housing (RSA 540-A:6, I; 42 U.S.C. § 4852d). (RSA 540-A:6)

    • Signed receipt stating the deposit amount and where the deposit (or bond) is held — On receiving the deposit, unless it was paid by personal, bank or agency checkRSA 540-A:6, I(b)-(c)
    • Written notice that the tenant may give the landlord a list of conditions needing repair within 5 days of occupancy — With the deposit receipt, or in writing whenever a deposit is takenRSA 540-A:6, I(b)-(c)
    • Lead-based paint disclosure and EPA pamphlet — Housing built before 197842 U.S.C. § 4852d; 40 CFR Part 745 Subpart F

    MakeLease generates a customizable lease; add these New Hampshire disclosures and terms.

    Before you sign in New Hampshire

    Deposit cap exceptions in New Hampshire
    Greater of one month's rent or $100 RSA 540-A:6, I(a), RSA 540-A:5, I
    • Not covered: owner renting a single-family home who owns no other rental property, or rental units in an owner-occupied building of 5 units or fewer (except units occupied by someone 60 or older): no cap
    If a deposit is withheld wrongly
    A landlord who fails to return the deposit or pay interest as required owes twice the deposit plus interest, less lawful deductions (RSA 540-A:8, I(b)). (RSA 540-A:8, I)
    Deductions from the deposit
    Landlords who deduct for damages must give a written, itemized list describing the repairs with evidence such as receipts or estimates (RSA 540-A:7, I–II). (RSA 540-A:7, I–II)
    Interest on the deposit
    Landlords who hold a deposit for a year or longer must pay the tenant the interest it earns at the holding bank's savings rate (RSA 540-A:6, IV). (RSA 540-A:6, IV)
    Rent control and increases
    New Hampshire has no rent control law; the landlord-tenant chapters (RSA 540 and 540-A) set notice rules for rent increases but no cap on the amount. (RSA 540:2, IV, RSA ch. 540-A (table of contents))
    If rent goes unpaid
    For unpaid rent, demand the rent and then serve a written 7-day eviction notice that states the reason and tells the tenant they can stop the eviction by paying the arrears, $15 liquidated damages and costs before the hearing (RSA 540:2, II(a); 540:3, II and IV; 540:9). (RSA 540:3, RSA 540:2, II(a), RSA 540:9)

    New Hampshire lease FAQs

    How much can a landlord charge for a security deposit in New Hampshire?

    Landlords may not collect a security deposit above one month's rent or $100, whichever is greater (RSA 540-A:6, I(a)).

    How long does a New Hampshire landlord have to return a security deposit?

    Landlords must return the deposit, plus any interest due, within 30 days after the tenancy ends (RSA 540-A:7, I).

    Is there a limit on late fees in New Hampshire?

    New Hampshire has no statute capping residential late fees, so the amount comes from the lease (RSA chs. 540 and 540-A contain no late-fee limit) (RSA ch. 540-A (silent)). New Hampshire law does not require a grace period before a late fee may be charged, so any grace period comes from the lease (RSA chs. 540 and 540-A are silent) (RSA ch. 540 (silent)).

    How much notice must a New Hampshire landlord give before entering a rental?

    A New Hampshire landlord may not enter a tenant's unit without the tenant's prior consent except to make emergency repairs or under a court order, and tenants may not refuse access at a reasonable time after notice that is adequate under the circumstances (RSA 540-A:3, IV, V, V-d).

    How much notice ends a month-to-month tenancy in New Hampshire?

    Ending a New Hampshire month-to-month residential tenancy takes 30 days' written notice either way, and for most rental property a landlord also needs one of the statutory grounds, which include 'other good cause' such as a legitimate business reason (RSA 540:2, 540:3, II, 540:11, II).

    What disclosures does a New Hampshire lease need?

    When you take a deposit, give a signed receipt saying how much and where it is held (unless paid by check), tell the tenant in writing they have 5 days after move-in to list needed repairs, and give the federal lead-paint disclosure for pre-1978 housing (RSA 540-A:6, I; 42 U.S.C. § 4852d). The list covers Signed receipt stating the deposit amount and where the deposit (or bond) is held, Written notice that the tenant may give the landlord a list of conditions needing repair within 5 days of occupancy and Lead-based paint disclosure and EPA pamphlet.

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