Required Elements in a New Hampshire Lease Agreement

Signing a lease agreement is a big step for renters in New Hampshire. Knowing what's required in your lease helps you protect your rights and avoid misunderstandings with your landlord. This guide explains the essential components, official forms, and legal protections for renters—all based on current state laws.

What Every New Hampshire Lease Agreement Must Include

New Hampshire law sets certain requirements for written lease agreements. While some rental arrangements are made verbally, a signed written agreement offers clear protection to both parties. The following elements are typically required in a written lease:

• Names and addresses of all tenants and the landlord or property manager.
• Property address and a detailed description of the rental unit (e.g., apartment number).
• The amount of rent, due date, and where/how to pay (e.g., by mail, online).
• Length of tenancy (fixed term, such as one year, or month-to-month).
• Security deposit amount and terms for its return per RSA 540-A:6.
• List of included utilities or services (e.g., heat, hot water, parking), and who pays for what.
• Landlord's responsibilities, such as repairs and maintenance duties.
• Tenant obligations, like keeping the property in good condition and not disrupting neighbors.
• Procedures for giving notice to vacate or renew the lease.
• Pet policies, guest restrictions, or other house rules.
• Lead paint disclosure if the building was constructed before 1978 (see disclosure rules).

Both parties should carefully review the lease and ask questions before signing. Landlords cannot enforce terms that violate New Hampshire’s landlord-tenant laws^[1].

Security Deposit Disclosure and Rules

If your landlord collects a security deposit, New Hampshire law limits the amount to one month’s rent or $100, whichever is greater. The lease should specify:

• Exact deposit amount collected
• Legal reasons for withholding all or part of the deposit (e.g., unpaid rent, damages beyond normal wear and tear)
• Timeline for returning the deposit—usually within 30 days after you move out

Official Forms Renters Should Know

1. Lead-Based Paint Disclosure Form

When used: If your rental unit was built before 1978, the landlord must provide you with the EPA’s Lead-Based Paint Disclosure form before you sign the lease. This form informs you about risks and tenant rights related to lead paint exposure.

• View the EPA Lead Disclosure Form (Sample)

2. Domestic Violence Addendum (RSA 540:2, II)

When used: Renters who are victims of domestic violence may request this addendum to terminate their lease early for safety reasons. You must provide written notice along with supporting documentation.

• See RSA 540:2, II for law details

Who Oversees Landlord-Tenant Disputes?

In New Hampshire, the primary government body for residential tenancy matters—such as eviction, habitability complaints, or deposit disputes—is the New Hampshire Judicial Branch (District Division). Cases are typically filed in your local district court.

Summary of Required Disclosures and Legislation

• All lease agreements must comply with the New Hampshire Residential Landlord and Tenant Act (RSA 540-A).
• Any clause that tries to waive tenant rights under these laws is not valid.
• Both parties should keep signed copies of all lease documents for their records.

Understanding your lease—and what must be included—helps protect your rights as a renter throughout your tenancy.

Frequently Asked Questions (FAQ)

1. Do I have to sign a written lease in New Hampshire?
   Written leases are recommended but not always required by law. However, signing a written agreement helps clarify rights and responsibilities for both you and your landlord.
2. What if my lease leaves out something required by law?
   Any lease clause that conflicts with state law, or omits tenants’ basic rights and protections, cannot be enforced. These protections are outlined in the Residential Landlord and Tenant Act.
3. Am I entitled to a copy of the signed lease?
   Yes. You should receive a copy of your signed lease agreement for your records as soon as possible after both parties have signed.
4. What official form do I use if I need to break my lease due to domestic violence?
   You should provide written notice to your landlord referencing RSA 540:2, II and appropriate supporting documents. Your landlord is required to follow state rules on lease termination for domestic violence victims.
5. Is there a specific form for requesting my security deposit back?
   There’s no standardized form required by the state, but a written demand letter is recommended. Include your forwarding address, lease end date, and itemized request for return under RSA 540-A:7.

Key Takeaways for New Hampshire Renters

• Make sure your lease agreement clearly states rent, term, responsibilities, and all legally required disclosures.
• Review the terms about deposits, repairs, and how to give notice before you sign.
• Keep copies of all lease-related documents and ask questions if anything is unclear.

Staying informed about your lease helps you avoid disputes and ensures your tenancy is protected under New Hampshire law.

Need Help? Resources for Renters

• New Hampshire Courts: District Division Locator – For filing landlord-tenant disputes
• NH Attorney General – Landlord/Tenant Rights Guide
• New Hampshire Housing – Renter Resources
• NH Legal Aid – Rental Housing and Eviction Help

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1. New Hampshire Residential Landlord and Tenant Act (RSA 540-A)
2. RSA 540-A:6 – Security Deposits
3. EPA – Lead Paint Disclosures for Rentals
4. RSA 540:2, II – Domestic Violence Lease Termination

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