New Hampshire Residential Lease Agreement
A free New Hampshire lease template, plus what New Hampshire law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Disclosures New Hampshire requires
| Deposit receipt and move-in repair list notice | When the landlord receives a security deposit, it must promptly give the tenant a signed receipt stating the amount, where the deposit (or bond) is held, and that the tenant should note items needing repair or correction on the receipt or give them to the landlord in writing within 5 days of occupancy. If the deposit is paid by check (personal, bank, or government or nonprofit agency), no receipt is needed, but the landlord must still give written notice that the tenant should provide a written list of conditions needing repair within 5 days of occupancy. Applies to: Leases with a security deposit, except single-family homes rented by an owner with no other rental property and units in owner-occupied buildings of 5 or fewer units (those exemptions do not apply to a unit occupied by someone 60 or older) Source: RSA 540-A:6, I(b)-(c) |
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| Application and renewal fees | Before collecting any application or renewal fee, the landlord must disclose in writing the amount and whether a satisfactory criminal background and credit check is required. If the applicant is not offered the unit, everything beyond the documented check costs and reasonable administrative costs must be refunded within 30 days. Applies to: All residential rentals that charge application or renewal fees Source: RSA 540-A:3, VIII |
| Lead in drinking water | If state testing triggered by a child's elevated blood lead level finds lead in the unit's water above the EPA action level, the landlord must notify the tenant or prospective tenant and install and maintain a certified filter on the kitchen faucet until the source is removed and tests are below the action level. Applies to: Units where state testing finds lead in water above the action level Source: RSA 540-A:3-a |
Terms New Hampshire law requires or controls
| Non-electronic payment option | A landlord may not require rent, renewal or extension payments to be made only by electronic funds transfer (including automatic recurring transfers); the lease must allow at least one non-electronic payment method. Applies to: All residential leases Source: RSA 540-A:3, X |
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| Deposit cap | A security deposit may not exceed one month's rent or $100, whichever is greater. If rent is paid quarterly or less often, the deposit beyond the initial rent payment may not exceed one month's rent. Applies to: Leases covered by the deposit law (see RSA 540-A:5 exemptions) Source: RSA 540-A:6, I(a) |
Clauses that are void in New Hampshire
| Waiver of security deposit rights | Any lease provision that purports to waive a tenant's rights under the security deposit law (RSA 540-A:5 to 540-A:8) is void, except that the parties may agree otherwise about the automatic transfer of a deposit on a change of ownership (RSA 540-A:6, III(d)). Applies to: Leases covered by the deposit law Source: RSA 540-A:8, III |
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Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by New Hampshire law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice New Hampshire law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with New Hampshire law (RSA ch. 540 (no late-fee section)).
6. Security deposit. Tenant pays a security deposit of $[deposit amount], within the New Hampshire limit (RSA 540-A:6, I(a)). Landlord will return it, minus lawful deductions with any required itemized list, within the time New Hampshire law sets (RSA 540-A:7, I).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice New Hampshire law requires (RSA 540-A:3, IV-V), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than New Hampshire law requires.
14. Non-electronic payment option. (Write this clause to meet New Hampshire law: see "Non-electronic payment option" above (RSA 540-A:3, X).)
15. Deposit cap. (Write this clause to meet New Hampshire law: see "Deposit cap" above (RSA 540-A:6, I(a)).)
16. Disclosures attached. Landlord has given Tenant these disclosures required by New Hampshire law: Deposit receipt and move-in repair list notice; Application and renewal fees; Lead in drinking water. [Attach each one.]
17. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
18. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.