Subletting Rules and Permissions for Renters in New Hampshire

Considering subletting your apartment in New Hampshire? Understanding the subletting rules and permissions is important for renters who need flexibility, travel for work, or want to share housing costs. This article covers everything tenants should know about subletting legality in New Hampshire, including landlord permissions, the forms you need, and your rights under current state law.

Is Subletting Legal for Renters in New Hampshire?

Subletting—renting out your current lease to another tenant—can be legally allowed in New Hampshire, but there are important conditions. State law does not give renters an automatic right to sublet. Instead, your ability to sublet depends on your rental agreement and your landlord's consent. Every renter should:

• Review their lease for any subletting restrictions or requirements
• Obtain the landlord's written permission before subletting

If your lease forbids subletting or requires landlord approval, you must follow those terms. Subletting without permission can be grounds for eviction under New Hampshire’s landlord-tenant law.^[1]

Getting Landlord Permission to Sublet

Most leases in New Hampshire require tenants to get written consent from the landlord to sublet. Even if your lease does not mention subleasing, it’s highly recommended to communicate with your landlord in writing.

• Submit a written subletting request by letter or email
• Include the name and contact info of the proposed subtenant
• Specify the dates you wish to sublet

Your landlord can approve or deny your request based on reasonable factors such as rental history or credit of the prospective subtenant. However, they cannot refuse based on discriminatory reasons defined in state anti-discrimination law.

Official Forms and Notices

• No official subletting form: New Hampshire does not provide a state-issued subletting form or template. Renters should prepare their own written request, clearly stating the reason for subletting and providing details about the potential subtenant.
  Example: If you are moving out for the summer and want a friend to sublet, write a letter to your landlord outlining dates, subtenant name, and reason for the request.
• Sample form and further guidance: You can review sample letters and rental guides from the New Hampshire Department of Justice – Tenancy Section.

Tenant Responsibilities When Subletting

Even if your landlord allows you to sublet, you remain responsible for:

• Ensuring rent payments are made on time
• Maintenance and property care
• Ensuring the subtenant follows lease and building rules

If the subtenant causes damage or violates the lease, you are typically liable as the original tenant during the sublet period.

What Happens if You Sublet Without Permission?

Subletting without landlord consent when your lease prohibits it can lead to:

• Eviction proceedings
• Termination of lease
• Financial responsibility for damages or unpaid rent

Landlords usually go through the New Hampshire District Court, which handles landlord-tenant disputes.^[2]

If Permission Is Denied—What Are Your Options?

If your subletting request is denied, ask for a written explanation. You can:

• Negotiate alternative solutions (e.g., shorter sublet period, personal references)
• Seek assistance from the New Hampshire Department of Justice, Consumer Protection Bureau

There are no formal appeal forms, but you may file a complaint if you believe refusal was unfair or discriminatory.

Relevant New Hampshire Legislation & Tribunal

• New Hampshire RSA 540 – Landlord and Tenant Statute
• New Hampshire District Court – Landlord-Tenant Cases

FAQs: Subletting in New Hampshire

1. Do I need my landlord’s permission to sublet in New Hampshire? Yes, in most cases, you must have written permission. Always check your lease and get approval before subletting.
2. Is there a state-issued sublease form for New Hampshire? No, the state does not provide a sublease form. Prepare a written agreement with your landlord and subtenant and use official sample letters for guidance.
3. What happens if a subtenant damages my rental? As the original tenant, you are responsible for all lease obligations, including damages or unpaid rent caused by your subtenant.
4. Can my landlord refuse to let me sublet? Yes, if your lease restricts subletting or for reasonable, non-discriminatory reasons. However, they cannot refuse based on illegal discrimination.
5. Who handles disputes about subletting or eviction? The New Hampshire District Court oversees landlord-tenant disputes.

Need Help? Resources for Renters

• New Hampshire Department of Justice – Tenancy Complaint Form: Submit complaints or seek advice about landlord-tenant disputes
• New Hampshire District Court – Landlord/Tenant Information
• New Hampshire Housing – Tenant Resources & Rights
• For legal help or advocacy, contact New Hampshire Legal Aid

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1. [1] New Hampshire RSA 540 – Landlord and Tenant Statute
2. [2] New Hampshire District Court – Landlord-Tenant Cases

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