Understanding Automatic Lease Renewal in New Hampshire

As a renter in New Hampshire, knowing your rights regarding automatic lease renewal is crucial, especially if you're concerned about unexpected lease extensions or changes to your rental agreement. State rules outline how and when lease renewals can occur, and what notice you and your landlord must give to avoid automatically continuing your lease.

What Is Automatic Lease Renewal?

Automatic lease renewal happens when your lease states it will renew for another period if neither you nor your landlord gives proper written notice to end or change the agreement. This process is sometimes called an "evergreen tenancy" or "self-renewing lease." Not all leases include this clause, but it's fairly common in New Hampshire.

New Hampshire Laws on Lease Renewal

In New Hampshire, automatic lease renewal terms are primarily governed by your written rental agreement and the New Hampshire Residential Landlord and Tenant Act (RSA 540)¹. The law does not require landlords to offer renewal, but if your lease includes an automatic renewal clause, strict notice rules apply.

Key Points for Renters

• Review your written lease: Look for any section describing automatic or "self-renewing" terms.
• Notice deadline: Most commonly, you must provide written notice 30 days before your lease ends if you do not want to renew. Always check your specific lease since the period could vary.
• Month-to-month default: If you stay after a fixed-term lease ends (and the landlord accepts rent), your agreement typically becomes month-to-month unless otherwise stated in your lease.
• If required notice isn't given in time, the lease may automatically renew for another term, locking you into the agreement for that length.

Required Written Notices and Official Forms

You and your landlord may use a written notice to avoid automatic renewal or to end your lease. While New Hampshire does not have a single state-issued form for ending a tenancy, the process is governed by law:

• Notice to Quit (Form 540-A): This form is most often used by landlords to end a tenancy, but renters can provide written notice on their own (typed letter or email, following lease instructions).
  Example: If your 1-year lease ends June 30 and requires 30 days' notice, provide written notice before June 1 if you want to move.
  View the official Notice to Quit (NH Judicial Branch)

Always send notice according to your lease terms. Use written means you can document, and ask for confirmation of receipt if possible.

What Happens If You Don’t Give Notice?

If you don’t provide required notice and your lease has an automatic renewal clause, you may be liable for another full term of rent. For example, a renewed one-year lease means you could be responsible for 12 more months’ rent, even if you move out early.

Your Rights When Facing Lease Renewal or Expiration

• Landlords must follow the lease and state law for all notices and terms.
• Rent increases or rule changes are not allowed unless your lease specifically allows for them at renewal.
• You can negotiate with your landlord for a new lease term or a month-to-month agreement before renewal occurs.

If disputes arise, the New Hampshire Circuit Court – District Division handles landlord-tenant matters².

Steps for New Hampshire Renters Dealing with Automatic Lease Renewal

• Read your lease agreement and note any automatic renewal clauses and notice deadlines.
• Set a reminder calendar for your notice date.
• Draft and deliver written notice following your lease requirements (usually 30 days before lease-end).
• Keep copies of all correspondence with your landlord.

Being proactive can prevent accidental lease renewals that may not fit your needs.

Frequently Asked Questions: Automatic Lease Renewal in New Hampshire

1. Does my lease automatically renew if I do nothing?
   If your lease has an automatic renewal clause and you do not give written notice in time, your lease may renew for another term. Always check the written agreement and act before the deadline.
2. How much notice do I need to give to avoid renewal?
   Most leases require 30 days’ written notice before the end date, but your lease may have a different period. Always refer to your lease document.
3. What if my landlord wants to end the lease, but I didn't receive a notice?
   Landlords must follow the notice requirements in your lease or as described in state law (RSA 540). If you did not receive proper notice, your lease may continue.
4. Can I negotiate for a different renewal term?
   Yes. Renters can ask landlords for changes such as a month-to-month agreement or different lease term, but it’s up to both parties to agree in writing.
5. Who do I contact for help with a lease renewal dispute?
   You can contact the New Hampshire Circuit Court – District Division or a local renter advocacy service for assistance.

Key Takeaways for Renters

• Carefully read your lease for automatic renewal clauses and required notice periods.
• Act early—give written notice if you do not wish to renew.
• Reach out for legal help if you have a dispute or did not receive proper notice.

Need Help? Resources for Renters

• New Hampshire Circuit Court – District Division: Handles landlord-tenant disputes and eviction cases.
• NH Department of Justice: Tenant and Landlord Guide: Official information on rental rights and responsibilities.
• New Hampshire Housing Finance Authority: Renters Resources: Assistance, tip sheets, and contact info for renters in NH.

---

¹ New Hampshire RSA 540: Residential Landlord and Tenant Act
² NH Circuit Court – District Division: Landlord & Tenant Cases

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations