New Hampshire Residential Lease Disclosure Rules for Renters

If you’re renting a home or apartment in New Hampshire, it’s important to know what information your landlord is required by law to disclose before you sign a lease or renewal. Understanding required disclosures helps protect your rights and ensures you enter your rental agreement fully informed. This guide breaks down all the key disclosures in plain English for New Hampshire renters.

What Disclosures Are Required in New Hampshire Residential Leases?

New Hampshire law requires landlords to give tenants specific information before or when signing a lease. Here’s what you need to know about each of the required disclosures:

Lead-Based Paint Disclosure

• Federal law requires landlords to provide a Lead-Based Paint Disclosure Form (EPA/HUD/LEAD-1) for any rental unit built before 1978.
• When Used: Before signing the lease, the landlord must give the tenant this form and the government pamphlet “Protect Your Family From Lead In Your Home.”
• Renter Example: Before you move into a 1955 rental, your landlord hands you the lead disclosure form to sign along with the lease.

Security Deposit Disclosure

• New Hampshire requires landlords to inform tenants of the name and location of the bank or financial institution where the security deposit is being held (NH RSA 540-A:6, III).
• When Used: This must be provided upon receipt of your security deposit.
• Renter Example: After handing over a security deposit, you receive a written notice stating your deposit is held at Merrimack County Savings Bank.

Notice of Landlord’s Name and Address

• Landlords must give you, in writing, their name, address, or an agent's (whether the person lives locally or is a property management company). This allows you to contact them for repairs or emergencies (NH RSA 540-A:2).

Move-In Checklist (Optional, But Recommended)

• While not mandatory, both you and your landlord can benefit from using a move-in checklist for the unit’s condition. If a dispute arises about damages when you move out, this record helps protect your deposit. The New Hampshire Housing Finance Authority provides a sample checklist.

Bedbug Infestation Disclosure

• Landlords must promptly respond to tenants’ written reports of bedbugs, but there is no law requiring advance disclosure if there has been a history of bedbugs in the unit (NH RSA 48-A:14).

Notice of No Smoking Areas (If Applicable)

• If your landlord prohibits smoking in the unit or common areas, it must be stated in the lease agreement, not as a separate disclosure.

Summary Table: Common Required Lease Disclosures

• Lead-Based Paint: Mandatory for pre-1978 units; form and pamphlet required.
• Security Deposit Location: Must be provided in writing upon deposit receipt.
• Landlord Contact Details: Name/address of landlord or agent; must be in writing.

Official Forms You May Encounter

• Lead-Based Paint Disclosure (EPA/HUD/LEAD-1): Official Form and Pamphlet
  Use: Required before signing for pre-1978 rentals. Ask your landlord for this; keep your signed copy.
• Move-In/Move-Out Checklist: Recommended but not required. Use it to document the condition of your unit when moving in/out.

Which Tribunal Handles Residential Rental Issues?

In New Hampshire, most landlord-tenant matters are handled through the NH Circuit Court - District Division. This includes security deposit disputes and eviction complaints. For issues related to discrimination or fair housing, contact the New Hampshire Human Rights Commission.

Relevant Legislation for Tenants

• New Hampshire RSA Chapter 540: Landlord and Tenant
• RSA Chapter 540-A: Prohibited Practices in Tenancy
• RSA Chapter 48-A: Housing Standards

Frequently Asked Questions

1. What information must my landlord give me before I sign a lease in New Hampshire?
   Your landlord must disclose who manages the property, security deposit details, and—if the building is from before 1978—lead-based paint hazards.
2. Is a written lease required in New Hampshire?
   No, but written leases are strongly recommended. Oral agreements are legal, but a written document helps protect both parties.
3. Can my landlord raise the rent if required disclosures were not provided?
   Rent increases are allowed unless the city has rent control. Missing disclosures may give you rights to certain remedies, but do not usually prevent a rent increase.
4. What should I do if I suspect my landlord didn’t follow disclosure laws?
   Contact your landlord in writing to request the missing information. If unresolved, file a complaint with the NH Circuit Court or seek assistance from a renter advocate.
5. Where do I go if I need help with a security deposit dispute?
   File a small claims action with the NH Circuit Court - District Division, which hears landlord-tenant cases.

Conclusion: Key Takeaways for Renters

• New Hampshire landlords must provide certain disclosures before or when you sign a lease—especially about security deposits, landlord contact info, and lead paint risks.
• Always request documentation in writing and keep copies for your records.
• Official forms and help are available from reliable state agencies and courts.

Staying informed about your rights and required disclosures makes your rental experience safer and less stressful.

Need Help? Resources for Renters

• NH Circuit Court - District Division: For filing complaints or rental disputes
• NH Housing Finance Authority: Rental resources and move-in checklists
• NH Human Rights Commission: Fair housing complaints
• NH Legal Assistance: Free or low-cost legal help for renters

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1. New Hampshire Revised Statutes Annotated (RSA) Chapter 540
2. RSA Chapter 540-A: Rental Practices
3. EPA Lead Disclosure Rules for Rentals
4. NH Housing Move-In Checklist
5. NH Circuit Court - District Division
6. NH Human Rights Commission

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