Adding a Roommate to Your Lease in New Hampshire: A Renter's Guide

Thinking about sharing your apartment or house in New Hampshire? Adding a roommate to your lease can help lower expenses and share responsibilities, but it’s important to follow the correct legal process. Understanding New Hampshire’s rental laws can help you avoid unintentional lease violations or disputes with your landlord.

Why You Need a Landlord’s Approval

Most leases in New Hampshire require written landlord permission before you may add a new occupant or roommate. Adding someone without approval can be a violation of your lease agreement, risking eviction or other legal consequences. It’s important to check your current lease for any clauses about guests, subletting, or roommates, and communicate openly with your landlord.

Steps to Add a Roommate to Your Lease Legally

Here’s a clear summary with practical actions for renters in New Hampshire who wish to add a roommate to their lease:

• Review Your Lease: Check for any specific provisions about roommates or additional occupants. Some leases may ban subletting or limit the number of residents.
• Get Landlord Consent: You must notify your landlord in writing about your intent to add a roommate. Explain who the new roommate is, and ask what information or process the landlord requires, such as a rental application or background check.
• Complete Necessary Forms: Many landlords use a standard Rental Application and may have an addendum to update your current lease. If required, fill out the official Rental Application form or the landlord’s own application. Some property management companies may provide a Lease Addendum form—but this varies, and there is no state-issued standardized addendum in New Hampshire.
• Update the Lease Agreement: If the landlord approves, both the original tenant(s), the landlord, and the new roommate should sign an updated lease or addendum that officially names the roommate as a tenant or occupant.
• Document Everything: Keep copies of all written communications, applications, and signed forms.

This approach protects all parties and ensures that the roommate is legally recognized under New Hampshire’s landlord-tenant laws.

Relevant New Hampshire Forms and Where to Find Them

• Rental Application Form (varies by landlord)
  When to use: Submitted by potential roommates to provide background, work, and rental history for landlord review. For example, if your friend wants to move in, the landlord may ask them to fill out this application first.
  Official resource: New Hampshire Housing Resources
• Lease Addendum or Amendment (landlord-provided):
  When to use: After approval, an addendum updates your lease to list the new roommate as a tenant. This ensures everyone is legally responsible for the terms of the lease. Ask your landlord or property manager for the required form.

New Hampshire does not require a specific government-issued roommate or subletting form for standard residential rentals. Forms are generally provided directly by landlords or property managers.

Know Your Rights and Responsibilities

The rental agreement, along with New Hampshire's RSA Chapter 540: Landlord and Tenant Law, outlines the rights and obligations of both tenants and landlords. Once your roommate is on the lease, they typically share equal legal responsibilities, including payment of rent and adherence to lease terms.

If a Landlord Refuses to Add a Roommate

Landlords in New Hampshire may refuse to add a roommate for legitimate reasons, such as exceeding occupancy limits or negative rental history. However, fair housing laws prevent discrimination based on protected classes like race, disability, or family status. If you feel your landlord’s refusal is discriminatory, you can contact the New Hampshire Commission for Human Rights for help.

What Tribunal Handles Rental Disputes in New Hampshire?

New Hampshire does not have a dedicated residential tenancy tribunal. Rental disputes, including issues about roommates or subletting, are typically handled by local New Hampshire District Courts, which manage landlord-tenant cases. See official court landlord-tenant resources for more information.

Summary

Always get written landlord approval before adding a roommate in New Hampshire. Using the right forms and updating your lease protects your home and legal rights.

Frequently Asked Questions

1. Do I need my landlord’s permission to add a roommate in New Hampshire?
   Yes, most leases require you to get written permission from your landlord before adding a new occupant or roommate. Check your lease for specifics and communicate with your landlord in writing.
2. Is there a government-issued form for adding a roommate?
   No, New Hampshire does not have a standardized state roommate addition form. Use your landlord’s rental application and lease addendum forms, or ask them to provide these documents.
3. What happens if I add a roommate without landlord approval?
   You may violate your lease, risking penalties or eviction. It’s best to follow the formal process and get all approvals in writing.
4. Can a landlord refuse my request to add a roommate?
   Yes, if it’s for valid reasons like occupancy limits or application issues. However, denial must not be based on discrimination against protected classes under state or federal fair housing laws.
5. Where can I get legal help with a rental dispute in New Hampshire?
   You can seek help from the New Hampshire District Courts for legal proceedings, or contact the Commission for Human Rights regarding discrimination cases.

Need Help? Resources for Renters

• New Hampshire Housing Finance Authority – rental assistance, forms, and support
• NH Judicial Branch: Landlord-Tenant Self-Help – legal process and guides
• NH Commission for Human Rights – housing discrimination complaints
• For disputes, visit your local New Hampshire District Court

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1. RSA Chapter 540: Landlord and Tenant Law (New Hampshire General Court)
2. NH Judicial Branch Landlord-Tenant Resources
3. New Hampshire Housing Finance Authority
4. NH Commission for Human Rights

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