Essential Clauses for Roommate Agreements in New Hampshire

Sharing a rental home in New Hampshire requires more than just goodwill between roommates. Creating a solid roommate agreement can prevent misunderstandings and help everyone know their responsibilities. This guide outlines must-have clauses for New Hampshire tenants, explains relevant laws, and provides official resources for a smooth shared living experience.

Why a Roommate Agreement Matters in New Hampshire

Roommate agreements are private contracts between people sharing a rental. While New Hampshire's Residential Landlord and Tenant Act protects renters' rights, it typically does not cover disputes between roommates. Instead, a well-written roommate agreement can clarify expectations and serve as evidence if disagreements arise.

Must-Have Clauses for Every Roommate Agreement

Customize your agreement to fit your situation, but be sure to cover these important topics:

• Rent Payment & Due Dates: Specify each roommate's share and how payments are made. Decide on who submits rent to the landlord, especially if only one person's name is on the lease.
• Utilities & Shared Expenses: List utilities (electricity, internet, etc.), who pays each bill, and how everyone reimburses each other.
• Security Deposit: Explain each person’s contribution and outline how it will be returned or withheld for damages when moving out. In New Hampshire, landlords must return deposits within 30 days (RSA 540-A:7).
• Cleaning & Maintenance: Define regular chores and maintenance responsibilities. Decide how to report and share costs for repairs not covered by the landlord.
• Guest Policy: Indicate how often guests may visit and any rules around overnight stays.
• Quiet Hours & Shared Spaces: Set expectations for noise and use of kitchens, bathrooms, and common areas.
• Moving Out: Describe the notice required if a roommate wants to leave and the process for finding a replacement.
• Subletting: If one roommate wants to sublet their space, check the lease and state law. In New Hampshire, tenants need the landlord’s permission unless otherwise specified (RSA 540-A).
• Conflict Resolution: Agree on how disputes will be handled—mediate as a group, seek outside help, or agree to a process in advance.

Having these clauses in writing helps everyone understand their rights and what happens if someone cannot keep their end of the bargain.

Official Forms and Government Resources

While there’s no official New Hampshire roommate agreement template, here are helpful resources and forms:

• Sample Roommate Agreement (for reference only): Consider adapting this U.S. Department of Housing and Urban Development (HUD) Roommate Agreement Template. It’s a general form you can make specific for New Hampshire.
• Rental Application (form): Landlords may require each roommate to complete a Rental Application or inspection checklist. Use this document to ensure agreement on the unit’s condition before moving in. (Example: If you notice damage upon move-in, document it to avoid deposit disputes later.)
• Security Deposit Return Notice: If you’re the primary leaseholder and a roommate leaves, use written notices for partial deposit returns. Reference New Hampshire’s RSA 540-A:7.

If a roommate situation escalates—such as someone refusing to pay their share or causing damage—you may need to seek assistance or file a small claim with the appropriate court.

Legal Protections and the Right Tribunal

In New Hampshire, the Circuit Court, District Division handles residential tenancy disputes, including certain roommate issues. Most landlord-tenant problems fall under the New Hampshire Residential Landlord and Tenant Act (RSA 540-A). However, roommate disputes based on private agreements may need to go to Small Claims Court if money is owed or agreements are broken.

Tips for a Strong Roommate Agreement

• Put everything in writing—oral agreements are harder to prove.
• Discuss expectations openly before signing.
• Every roommate should keep a signed copy.
• Update the agreement if someone moves or circumstances change.

Action Steps: Creating and Using Your Agreement

• Discuss each clause with your roommates and agree on terms.
• Write and review the agreement together; adjust if needed.
• Every roommate signs and dates the agreement.
• Keep copies in a safe place.
• If disputes arise, refer to your agreement before taking further action.

Frequently Asked Questions

1. Is a roommate agreement legally binding in New Hampshire?
   A roommate agreement is a contract between tenants sharing a unit. While not governed directly by state landlord-tenant law, it can be enforced in small claims court if terms are broken and money is owed.
2. What happens if my roommate doesn't pay rent?
   If your name is on the lease, the landlord can hold you responsible for the full rent. Your agreement should outline steps to resolve unpaid rent between roommates, but you may have to pursue payment through court if necessary.
3. Can my roommate move out before the lease ends?
   Your agreement should explain how much notice is required. If your roommate leaves early, you may need to cover their share or find a new roommate, unless the landlord approves a replacement.
4. Are pets allowed if my roommate wants one?
   Your agreement can set house rules for pets, but always check the primary lease first, as landlords have the final say on pet policies.
5. Who gets the security deposit back if everyone is on the lease?
   Landlords return the deposit to whoever paid it. Roommates can divide the returned amount according to their agreement, but the landlord is not required to manage this split.

Need Help? Resources for Renters

• New Hampshire Department of Justice: Tenant Rights Guide
• New Hampshire Housing Finance Authority: Rental Information
• NH Circuit Court Small Claims Division
• New Hampshire Residential Landlord and Tenant Act

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1. New Hampshire Residential Landlord and Tenant Act (RSA 540-A): Official NH State Law
2. NH Circuit Court, District Division (for eviction, deposit, and disputes): Official NH Court Portal
3. State Security Deposit Law: RSA 540-A:7 (Security Deposits)
4. HUD Roommate Agreement Template: Official HUD Sample Roommate Agreement

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