Pros and Cons of Month-to-Month Rentals in New Hampshire

Month-to-month rental agreements are popular with renters in New Hampshire who need flexibility or wish to avoid a long-term lease. Understanding the legal protections and drawbacks can help you make the best decision for your living situation.

What Is a Month-to-Month Rental Agreement?

A month-to-month rental is a tenancy where the lease automatically renews each month unless you or your landlord give proper written notice to end it. In New Hampshire, these arrangements are governed by state law and provide important rights and obligations for both tenants and landlords.

Advantages of Month-to-Month Agreements in New Hampshire

Here are some practical benefits renters may experience with a month-to-month arrangement:

• Flexibility: Move out with less long-term commitment by giving 30 days' written notice.
• Easy Transitions: Helpful for renters unsure about how long they'll stay, such as students or those waiting for another home.
• Quick Adaptability: Ability to adjust your living situation if your job or family needs change suddenly.

For more information, visit the New Hampshire Department of Justice's Landlord/Tenant Guide.

Potential Disadvantages of Month-to-Month Rentals

While flexible, month-to-month agreements have some downsides to keep in mind:

• Less Stability: Landlords can ask you to move out with 30 days’ written notice, which could be inconvenient.
• Rent Increases: Rent may be raised with proper notice (typically 30 days), so budgeting is less predictable.
• Shorter Notice for Changes: Either party can end the agreement with relatively little warning.

New Hampshire law does not cap how much rent can go up, as long as proper notice is given. Read more in New Hampshire RSA 540:2.

Notice Requirements for Ending a Month-to-Month Lease

To terminate a month-to-month tenancy in New Hampshire, landlords and tenants generally must provide at least 30 days' written notice before the date the rent is due. For example, if rent is paid on the first of each month, notice must be given at least 30 days before that date.

• Landlord's Notice to Quit: Landlords must use proper notice forms to end a tenancy. See below for details.
• Tenant's Notice to Vacate: Tenants should provide written notice—typically a simple letter is sufficient.

Official Forms: New Hampshire Notice to Quit

• Form Name: New Hampshire Notice to Quit (No official state-issued form number)
  When/How It's Used: Used by landlords to formally notify tenants to move out. For example, your landlord must give this written notice at least 30 days before you are required to leave if ending your month-to-month agreement for reasons other than nonpayment.
  Landlord/Tenant Guide - Notice to Quit section

Tenants do not have an official form but should provide written notice to their landlord with the intended move-out date, signed and dated. Keep a copy for your records.

How Rent Increases Work on Month-to-Month Agreements

Landlords may increase rent on a month-to-month agreement, but must give at least 30 days’ written notice before the increase takes effect (RSA 540:2). The notice should specify the new rent amount and when it begins. There is no state limit on rent increases, but retaliation or discrimination is prohibited.

Where to Get Help: The Tribunal Handling Tenancy in New Hampshire

In New Hampshire, landlord-tenant disputes are usually handled by your local New Hampshire Circuit Court – District Division. Eviction (possession) actions are filed electronically through the court system. The court considers both written agreements and oral month-to-month arrangements.

Relevant Tenancy Legislation

All month-to-month and rental protections are found in New Hampshire RSA 540 – Possession of Leased Premises and the Security Deposits and Renter Rights (RSA 540-A).

FAQ About Month-to-Month Rentals in New Hampshire

1. Can my landlord raise the rent anytime on a month-to-month lease?
   They may increase your rent, but must provide at least 30 days’ written notice before the new rent amount takes effect. There is no legal cap on rent increases in New Hampshire.
2. Do I need to give written notice if I want to move out?
   Yes, tenants are required to give their landlord at least 30 days’ written notice if they plan to end their month-to-month agreement.
3. What if my landlord asks me to leave without notice?
   Landlords must give proper written notice (generally 30 days). If you do not receive formal notice, you may seek help from the New Hampshire Circuit Court – District Division.
4. Does my month-to-month lease have to be in writing?
   No, verbal month-to-month agreements are recognized in New Hampshire, but having something in writing is strongly recommended to protect both parties.
5. Where do I file a complaint about an illegal eviction?
   You can bring landlord-tenant complaints to your local New Hampshire Circuit Court – District Division for review and possible mediation.

Key Takeaways for Renters

• Month-to-month rentals offer flexibility but less long-term stability.
• Both landlords and tenants must give at least 30 days’ written notice to end the agreement.
• Official dispute resolution is handled by the New Hampshire Circuit Court – District Division.

Overall, keep thorough records of all notices and communications for your protection.

Need Help? Resources for Renters

• New Hampshire Department of Justice – Landlord/Tenant Guide
• New Hampshire Housing – Renter Legal Rights
• New Hampshire Circuit Court – District Division (Landlord Tenant Cases)
• New Hampshire Legal Aid – Your Renter Rights

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1. New Hampshire RSA 540 – Possession of Leased Premises
2. New Hampshire RSA 540-A – Security Deposits, Renter Rights
3. NH Department of Justice – Landlord/Tenant Guide
4. New Hampshire Circuit Court – District Division

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