How to Transfer a Lease to a New Tenant in New Hampshire

Thinking about moving out before your lease ends? In New Hampshire, renters sometimes want to transfer their lease to someone else. This process—known as a lease assignment or lease transfer—has specific rules under state law. Understanding your rights, the required steps, and necessary forms is vital to avoid conflict and protect your financial interests.

Can You Transfer a Lease in New Hampshire?

In most cases, a lease can only be transferred ("assigned") to a new tenant with the landlord’s written permission. This is not a guarantee—most leases have clauses that either allow, restrict, or ban lease transfers. It’s essential to check your written rental agreement or lease first. If your lease is silent, New Hampshire law typically requires landlord approval.

Lease Assignment vs. Subletting

• Assignment: You permanently transfer your remaining lease rights and obligations to a new tenant. You usually have no further liability once approved.
• Subletting: You remain responsible for the lease, but allow someone else to live there and pay. Typically used for temporary absences.

Both require landlord notification and approval. Assignment is a complete transfer; subletting is temporary.

Step-by-Step: Transferring Your Lease to a New Tenant

• Check your rental agreement for any clauses about assignments and subletting.
• Talk with your landlord and get written approval before proceeding. Never transfer your lease informally—verbal agreements may not be legally binding.
• Identify a qualified replacement tenant. The landlord has the right to approve or reject applicants for legitimate reasons (e.g. poor credit, rental history).
• Complete the formal paperwork: You will need a Lease Assignment Agreement signed by you (the original tenant), the new tenant, and the landlord.
• If required, also provide a written Notice of Intent to Assign Lease before transferring.
• Ensure all documents are signed before anyone new moves in.

If you leave without landlord approval or without proper forms, you could be held liable for unpaid rent or damages.

Official Forms for Lease Transfers

• Lease Assignment Agreement (no standard NH form): This agreement details the transfer of lease from the current tenant to the new tenant, accepted by the landlord. There is no official New Hampshire government template, but your landlord may provide their version. Always get the agreement in writing and keep a copy for your records.
• Notice of Intent to Assign Lease: A written notice to your landlord stating your plan to transfer the lease and providing information about the new tenant. This formal step helps avoid disputes.

See the New Hampshire Revised Statutes Annotated (RSA) Chapter 540 for your legal responsibilities as a tenant.

What If the Landlord Refuses a Lease Transfer?

Your landlord might deny a lease transfer for legitimate reasons such as an unqualified replacement tenant or lease terms. If you believe your request was unfairly denied, you can seek advice or file a complaint with the New Hampshire Circuit Court – District Division, which handles landlord-tenant disputes.

Relevant Legislation and Resources

• New Hampshire RSA Chapter 540: Residential Tenancies – Main law governing lease agreements, terminations, and rights of tenants and landlords in New Hampshire.
• New Hampshire Circuit Court – District Division – Handles landlord-tenant legal proceedings.

FAQ: Lease Transfers in New Hampshire

1. Do I need my landlord’s permission to assign my lease?
   Yes. In New Hampshire, tenants almost always need written landlord approval before transferring (assigning) their lease to someone else. Check your lease terms.
2. If I leave before my lease ends, am I still responsible for rent?
   Unless your landlord approves a new tenant through assignment, you could remain responsible for rent and damages until the lease is legally transferred.
3. Can my landlord reject a lease transfer?
   Yes, but generally only for valid reasons, such as the new tenant's credit or rental history. The landlord must not discriminate in violation of fair housing laws.
4. Is there a government form to transfer my lease?
   No state-issued form exists, but you should use a written Lease Assignment Agreement. Ask your landlord or legal counsel for a sample document.
5. What happens if my landlord unreasonably refuses?
   If you believe your landlord is being unreasonable, you can seek mediation or file a complaint with the New Hampshire Circuit Court – District Division.

Conclusion: Key Points

• New Hampshire requires landlord approval for lease transfers—always get it in writing.
• You may remain liable for rent unless your lease is properly assigned.
• Contact the New Hampshire Circuit Court – District Division for rights or dispute resolution help.

Taking the right steps can help ensure a smooth and legal transition if you need to transfer your lease to another tenant.

Need Help? Resources for Renters

• New Hampshire Circuit Court – District Division – Handles landlord-tenant matters, including lease disputes and eviction hearings. Find your local court location.
• New Hampshire Housing – Tenant Resources – Learn about rental rights, responsibilities, and available assistance programs.
• RSA 540 – New Hampshire Residential Tenancy Laws

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1. New Hampshire RSA Chapter 540: Residential Tenancies
2. New Hampshire Circuit Court – District Division

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