Can Landlords Raise Rent Mid-Lease in New Hampshire?

If you’re renting in New Hampshire and your landlord notifies you of a rent increase before your lease has ended, you might be wondering what your rights are as a tenant. Understanding when rent increases are legal can help you protect your interests and plan ahead for any changes in your housing costs. This article gives you a clear overview of rent increase laws for renters with leases in New Hampshire, including important resources and action steps if you have concerns.

Rent Increases and Lease Agreements in New Hampshire

In New Hampshire, the rules for raising rent depend heavily on the type of rental agreement you have:

• Fixed-term lease (e.g., 12-month lease): Most leases set the rent amount and terms in writing. Landlords generally cannot raise your rent during the active lease period unless your lease specifically allows for increases.
• Month-to-month (or "at-will") rental: Landlords may raise rent with proper written notice (usually 30 days).

The key law governing these situations is the New Hampshire RSA 540 – Actions Against Tenants.^[1]

Can Rent Be Raised During a Fixed-Term Lease?

The answer is no, unless your lease expressly permits it. Fixed-term leases are binding on both the landlord and tenant. Landlords cannot unilaterally change the rent or any other lease terms until the lease expires, unless:

• The lease contains a "rent adjustment" clause detailing how and when rent can increase.
• Both landlord and tenant agree, in writing, to new lease terms or a rent increase during the lease period.

Landlords cannot raise your rent during an active lease in New Hampshire unless your written lease includes a clause permitting mid-lease adjustments.

What About Month-to-Month and Verbal Agreements?

If you have a month-to-month or other period tenancy (and no fixed-term lease), landlords can raise rent, but must give you advanced written notice—at least 30 days before the rent increase takes effect.^[2]

How Must Rent Increase Notices Be Given?

While New Hampshire has no standardized form required by law for rent increase notices, landlords must provide:

• Written notice – Verbal notice is not enough; your landlord must give written documentation with the new rent amount and the date it starts.
• At least 30 days advance notice – Especially for month-to-month tenancies or if your lease has expired.

Official Forms and Procedures

• Eviction Notice (Notice to Quit – RSA 540:3): In cases where nonpayment of new rent leads to eviction, landlords must use the Notice to Quit form. This form is typically used for eviction steps, not just for notifying a rent increase.
  • Example: If your landlord increases the rent mid-lease without authority and then tries to evict you for not paying the increased amount, they must serve you with a proper Notice to Quit (RSA 540:3). As a tenant, you may respond or contest the eviction in court.

Which Tribunal Handles Tenant-Landlord Disputes?

• The New Hampshire Circuit Court – District Division handles all landlord-tenant matters, including rent increases and eviction disputes.^[3]

What to Do If You Receive an Improper Rent Increase

If your landlord attempts to raise your rent in violation of your current lease, here are your options:

• Review your written lease for any rent adjustment clauses.
• Speak to your landlord and request clarification or cite the correct law (RSA 540).
• If the landlord insists or begins eviction, you may contest the action in the District Division of the Circuit Court.

FAQs: Rent Increases and Leases in New Hampshire

1. Can my landlord raise the rent during my fixed-term lease?
   No, unless your lease specifically allows mid-lease rent increases.
2. How much notice does my landlord have to give before raising rent?
   At least 30 days’ written notice is required if you’re on a month-to-month agreement.
3. Is there a government form for rent increase notices?
   No specific form; the notice must be in writing and provide sufficient details and advance notice.
4. Where do I go if I think my landlord has raised rent illegally?
   You can file a complaint or challenge the increase at the New Hampshire Circuit Court – District Division.
5. What happens if I don’t pay the increased rent my landlord demands?
   If your landlord files for eviction, they must use the court’s Notice to Quit process, giving you the right to respond in court.

Key Takeaways for Renters

• Landlords generally cannot raise rent during an active lease in New Hampshire unless your lease allows.
• Month-to-month renters must get at least 30 days written notice for any rent increases.
• Disputes are handled through the New Hampshire Circuit Court – District Division.

Need Help? Resources for Renters

• New Hampshire Circuit Court – District Division: Landlord & Tenant Info
• NH Legal Aid – Rent Increases Guide
• New Hampshire RSA 540: Actions Against Tenants
• NH Court Landlord-Tenant Forms
• Information Line: 1-800-639-5290 (NH Legal Advice & Referral Center)

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1. See RSA 540 – Actions Against Tenants (New Hampshire Statutes)
2. NH Legal Aid – Rent Increases
3. New Hampshire Circuit Court – Landlord & Tenant

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