Landlord Lease Renewal Rights in New Hampshire

If you’re a renter in New Hampshire, you may wonder whether your landlord can choose not to renew your lease when it ends. Understanding your rights around lease renewals can help you avoid surprises, plan ahead, and know what steps to take if you receive a non-renewal notice.

Understanding Lease Renewals in New Hampshire

A lease agreement is a legally binding contract between a renter (tenant) and property owner (landlord) that sets the length of your tenancy, along with terms like rent and responsibilities. In New Hampshire, most rental agreements are either fixed-term leases (for a set period, such as 12 months) or month-to-month agreements. When your lease reaches the end of its term, you and your landlord may decide to renew, change the terms, or end the tenancy.

Can a Landlord Refuse to Renew Your Lease?

Yes. Under New Hampshire law, landlords can choose not to renew a fixed-term lease and generally do not need to provide a reason for their decision, as long as it is not discriminatory or retaliatory. The landlord must, however, follow all legal notice requirements under RSA 540 and provide written advance notice if required.^[1]

• Landlords cannot refuse renewal because of your race, color, religion, national origin, familial status, or disability (protected classes under federal and state Fair Housing laws).
• They also cannot refuse renewal as retaliation (for example, if you requested legally required repairs or reported code violations).

Notice Requirements for Non-Renewal

The required notice depends on your lease type:

• Fixed-Term Lease: If your lease specifies set start and end dates, it typically ends automatically unless the landlord offers a renewal or you both agree to extend. Check your lease for any required advance notice clauses.
• Month-to-Month Rental: Either you or the landlord can end the tenancy, but the landlord must give at least 30 days’ written notice—see RSA 540:2.^[2]

How Are Notices Given?

Written notice must be served in a way allowed by law—usually hand-delivered or sent by certified mail. For month-to-month tenancies, a 30-day advance written notice is typical.

Relevant Forms and Where to Find Them

• Notice to Quit (No Form Number): Used if a landlord wishes to end a month-to-month tenancy. You may receive this document by mail or in person.
  See the official Notice to Quit form. If you receive this notice, it means your landlord does not plan to renew your tenancy. Review it carefully and check the notice period.

The official tribunal handling rental disputes and tenant-landlord issues is the New Hampshire Circuit Court - Landlord and Tenant Division.

Can a Landlord Increase Rent Instead of Refusing Renewal?

Landlords in New Hampshire may offer a renewal but increase the rent for the new term, as long as they provide appropriate notice and do not act in a discriminatory or retaliatory manner. For month-to-month rentals, landlords must give at least 30 days’ written notice before a rent increase. Rent increases or non-renewals cannot be for illegal or retaliatory reasons. Please see New Hampshire's landlord-tenant statutes for more details.^[1]

If You Think Your Rights Were Violated

If you believe your landlord refused to renew your lease for a discriminatory or retaliatory reason, you may:

• File a complaint with the New Hampshire Human Rights Commission (if housing discrimination is suspected)
• Contact New Hampshire Legal Assistance or another local resource (listed below)

Take action promptly. There are deadlines for filing a complaint depending on the nature of your case.

FAQs About Lease Renewal in New Hampshire

1. Can my landlord refuse to renew my lease without giving a reason?
   Yes. Unless your landlord is motivated by discrimination or retaliation, they don’t need to provide a reason to end a fixed-term lease when it expires.
2. How much notice does my landlord need to give if not renewing?
   For fixed-term leases, the agreement typically ends automatically. For month-to-month rentals, at least 30 days’ written notice is required.
3. What if my landlord is ending my lease because I reported repairs?
   This might be illegal retaliation. You can contact the New Hampshire Human Rights Commission or seek legal help.
4. Do I have to move out immediately after my lease expires?
   No, but if you stay without a new agreement, you may become a "holdover tenant" and be subject to eviction, so clarification is important.
5. Where can I get an official Notice to Quit form?
   The form is available from the New Hampshire Circuit Court website.

Key Takeaways

• Landlords can refuse to renew a lease in New Hampshire if they follow legal notice requirements and do not discriminate or retaliate.
• You’re protected by state and federal Fair Housing laws and must receive at least 30 days’ notice if renting month-to-month.
• If you have questions or suspect unfair treatment, local support services and government agencies can help.

Need Help? Resources for Renters

• New Hampshire Circuit Court – Landlord and Tenant Division: Handles eviction and tenancy cases.
• New Hampshire Legal Assistance (NHLA): Free legal help for low-income renters.
• New Hampshire Human Rights Commission: File housing discrimination complaints.
• RSA 540: New Hampshire Landlord and Tenant Law: Read the full law text.

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1. RSA 540: Landlord and Tenant – New Hampshire Statutes
2. RSA 540:2 – Notice Required (New Hampshire Statutes)

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