New Hampshire Short-Term Rental Laws for Airbnb Sublets

If you're renting in New Hampshire and considering listing your place or a room on Airbnb, VRBO, or another short-term rental platform, it's important to understand how state law and local rules affect your rights and responsibilities. Short-term rentals can be convenient and profitable—but they can also lead to disputes if not handled correctly. This guide explains what New Hampshire law says about Airbnb sublets, the rules for tenants, and the steps to stay compliant and protected.

Understanding Short-Term Rentals and Subletting in New Hampshire

Short-term rentals—such as those listed on Airbnb or similar platforms—involve renting out all or part of your rental property for periods typically under 30 days. Whether you can legally sublet your rental in New Hampshire depends on several factors, including your lease agreement, local ordinances, and state law.

Your Lease and Landlord Permission

• Most leases in New Hampshire include clauses about subletting. Often, tenants must get written permission from the landlord before subletting or offering short-term rentals.
• Review your lease carefully. If it prohibits subletting or short-term rentals, listing on Airbnb without consent could risk eviction or legal action.
• Landlords are not obligated to allow subletting unless your lease specifically says so.

State and Local Short-Term Rental Rules

• New Hampshire does not have state-wide short-term rental legislation, but many cities and towns have their own rules. For example, some communities require special permits, registration, or limit the number of allowable rental nights.
• Always check your local municipality’s website for rules. Major cities like Portsmouth and Conway have adopted specific local ordinances governing short-term rentals.
• Failure to comply with local rules can result in fines or legal consequences for both tenants and landlords.

How New Hampshire Tenant Law Affects Airbnb Sublets

The main law governing renter and landlord relationships in New Hampshire is the New Hampshire Residential Landlord and Tenant Act (RSA 540).^[1] While RSA 540 does not specifically mention short-term rentals, it sets limits and procedures for lawful subletting and tenant conduct. Offering your unit for short-term rental without approval may be seen as a lease violation.

Common Lease Violations with Short-Term Rentals

• Subletting without landlord approval
• Exceeding legal occupancy limits
• Disturbing neighbors' quiet enjoyment
• Using rental property in connection with a business against lease terms

Official Forms: Requests and Complaints

There isn't a specific statewide form for requesting sublet approval in New Hampshire, but you can use a Written Consent Request. Examples:

• Sample Sublet Permission Request Letter:
  • When to use: If you want to ask your landlord to allow a subtenant or short-term rental.
  • How to use: Write a letter explaining your request, duration, and who the subtenant would be, and ask for a written response. See a sample template at the NH Department of Justice: Sample Letters.

If you have a dispute (for example, if you face eviction due to subletting), you may need to respond to a Notice to Quit (the first step in a legal eviction):

• Notice to Quit Form (NH JB-233):
  • When to use: Typically served by landlords to begin the eviction process.
  • Where to find: The official form and guidance are on the New Hampshire Judicial Branch forms portal.
  • What to do next: If you receive this notice, seek legal advice promptly.

Dispute Resolution and Where to Get Help

• The New Hampshire Circuit Court - District Division handles residential tenancy disputes and eviction proceedings.
• For detailed renter guidance, see the NH Office of Planning & Development: Tenant and Landlord Information.

What to Do Before Listing Your Rental on Airbnb

• Review your lease for subletting and guest policies.
• Contact your landlord to request written permission—preferably using a written letter or email.
• Check local city or town ordinances for short-term rental rules and required registration.
• Consider how your rental insurance or liability may be affected.

Always follow each step to stay protected and avoid unintended legal trouble.

FAQ: New Hampshire Airbnb Sublets and Short-Term Rentals

1. Can I sublet my New Hampshire apartment as an Airbnb without my landlord’s permission?
   Usually, no. Most leases require written landlord approval before any kind of subletting or short-term rental.
2. What happens if I sublet on Airbnb without approval?
   Your landlord may issue an eviction notice or notice to quit. You could also be responsible for any lease violations or damages.
3. Where do I file a complaint if I have a dispute about a short-term rental?
   Housing disputes, including eviction, are handled by the NH Circuit Court - District Division.
4. Do New Hampshire state laws authorize or restrict Airbnb rentals?
   State law does not address short-term rentals directly. Municipalities set most rules locally.
5. Are there official forms for subletting or Airbnb requests?
   There is no official statewide sublet request form, but you can use a sample letter from the NH DOJ to request permission in writing.

Conclusion: Key Takeaways for Renters

• Always check your lease and obtain written landlord consent before subletting or using Airbnb.
• Review local city or town short-term rental rules and comply with any permit requirements.
• If you face a dispute or receive a Notice to Quit, seek immediate help and respond promptly.

Stay informed, communicate with your landlord, and follow all applicable laws and local ordinances to avoid unnecessary problems.

Need Help? Resources for Renters

• NH Office of Planning & Development: Tenant and Landlord Information
• NH Circuit Court - District Division (Residential Tenancy Disputes)
• New Hampshire Legal Aid – Housing
• NH Department of Justice: Landlord/Tenant Guide (Sample Letters and Legal Info)

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1. New Hampshire Residential Landlord and Tenant Act (RSA 540): Read the full law
2. NH Office of Planning & Development: Tenant and Landlord Rights
3. NH Judicial Branch Forms: Notice to Quit and Eviction Forms
4. Local ordinances: contact your city or town office for up-to-date regulations

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