Understanding Early Lease Termination Fees in New Hampshire

Ending a rental lease early can be stressful, but knowing your rights under New Hampshire law helps you avoid surprises. Whether you’re facing a sudden move, job change, or personal need, it’s important to understand what early termination fees may apply and what options you have to minimize costs.

What Is Early Lease Termination?

The term "early lease termination" means ending your rental agreement before the official end date. In New Hampshire, a lease is a binding contract. Leaving your apartment early can sometimes mean paying extra fees or owing rent for the remainder of the lease, depending on your situation and the terms of your lease agreement.^[1]

When Can a Renter Legally End a Lease Early?

New Hampshire law does not offer a general automatic right to break a lease early. Still, there are legal exceptions that let renters leave early without penalty, including:

• Active military duty (as protected by the federal Servicemembers Civil Relief Act)^[2]
• Serious health or safety violations by the landlord (such as failing to maintain basic living conditions)
• Instances of domestic violence protections under state law

If these exceptions do not apply, you may still be able to negotiate an early termination with your landlord, but you might be responsible for fees or unpaid rent.

How Are Early Lease Termination Fees Determined in New Hampshire?

Most leases specify what happens if you break a lease early. Typical early termination fees might be:

• A flat fee, usually equal to one or two months’ rent
• Paying the rent until a new tenant is found

Landlords are required to make reasonable efforts to re-rent the unit and cannot simply collect double rent. This means if a new tenant moves in before your lease expires, you may not owe rent for the unused period.^[3]

Negotiating with Your Landlord

Open and honest communication can help both parties find a solution. Some tips:

• Review your lease for any early termination clause
• Give as much notice as possible, in writing
• Offer to help find a new renter or sublet if allowed

Official Forms for Early Termination

• Notice of Intent to Vacate (No official form number): This is a written letter renters provide to the landlord indicating when they intend to move out. While there’s no official state-provided form, a detailed letter with your name, address, intended move-out date, and signature is required. Example: If your lease requires 30 days' notice, send this letter 30 days before you plan to leave. For examples and guidance, see the NH Judicial Branch Tenancy Information.

For domestic violence-related lease terminations, renters should use the Petition for Relief from Domestic Violence (NHJB-2027-DV). This form is filed with the court to get protection and allow for early termination of the lease. See details at the NH Circuit Court Family Division.

How the Official Tribunal Handles Lease Disputes

Most lease and renter disputes in New Hampshire are handled by the NH Circuit Court - District Division. This court addresses issues like security deposit disagreements and unlawful eviction claims related to early lease termination.

Understanding Your Rights Under New Hampshire Law

New Hampshire tenants and landlords are governed by RSA 540 - Actions Against Tenants and RSA 540-A - Prohibited Practices. These laws cover your main protections and obligations as a renter.^[1]

Key Takeaways for Early Lease Termination Fees

• Review your lease to see if it mentions a specific early termination fee.
• Most renters must give written notice before moving out early.
• Landlords cannot charge for rent after they re-rent the unit.
• Certain exceptions (like active military duty or domestic violence) allow you to leave early without penalty.

FAQs: Early Termination Fees in New Hampshire

1. Can my landlord charge me for the entire lease if I move out early?
   No; while you may be responsible for rent until your landlord finds a new tenant or the lease ends, landlords must make reasonable efforts to re-rent and cannot double-charge for the same period.
2. Does New Hampshire have a standard early termination form?
   No official, state-wide form exists. Provide written notice as required by your lease and keep a copy for your records.
3. What circumstances allow me to break my lease without penalty?
   Military deployment, legally verified domestic violence, or uninhabitable living conditions may allow you to end your lease early without fees.
4. How much notice must I give to terminate a lease early?
   Most leases require 30 days’ written notice, but check your specific agreement.
5. Where can I resolve a dispute about early lease termination fees?
   Most disputes are handled by the New Hampshire Circuit Court - District Division.

Need Help? Resources for Renters

• NH Circuit Court - District Division: Handles tenant-landlord disputes
• New Hampshire Housing Finance Authority: Renters resources, rights, and assistance programs
• NH Department of Justice - Landlord/Tenant Information
• NH Legal Aid: Ending or breaking a lease

---

1. See RSA 540 - Actions Against Tenants and RSA 540-A - Prohibited Practices
2. Servicemembers Civil Relief Act (SCRA)
3. NH Housing Finance Authority: Handbook for Tenants and Landlords (p.14-16)

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