Roommate Agreement in New Hampshire

An agreement between roommates on rent shares, bills, chores and moving out. It is a contract between you — it does not change your lease with the landlord.

What New Hampshire law says

Roommate not on the lease	New Hampshire recognizes subtenants and 'implied tenants'. A person who is not a tenant, subtenant, or implied tenant may not occupy residential property without permission of the owner, landlord, or agent. An occupant who claims to be a subtenant or implied tenant must prove it, for example with a signed unexpired lease, recent rent receipts, canceled checks or electronic payments to the landlord, or emails or texts showing the landlord agreed they could live there; an implied tenant may also show that, based on the totality of the circumstances, the landlord impliedly agreed to let them live there. Utility bills or IDs showing the address are not enough on their own. RSA 540-A:4, VII was renumbered effective Oct. 8, 2026 (the burden-of-proof rule moved from VII(c) to VII(e)). Source: RSA 540-A:3, IX; RSA 540-A:4, VII
Removing a roommate or subtenant	No roommate-specific statute. Residential tenancies are ended with a written eviction notice (30 days in most cases; 7 days for nonpayment and certain other grounds) followed by a landlord-tenant possessory action in court. In 'restricted' property, a tenancy may be ended only for a listed ground such as nonpayment, damage, lease violations, or other good cause. Grounds for restricted property: https://gc.nh.gov/rsa/html/LV/540/540-2.htm. Domestic violence, sexual assault, or stalking by a remaining cotenant or occupant is a listed ground (RSA 540:2, II(h)). Source: RSA 540:2; RSA 540:3, II

Roommate not on the lease

New Hampshire recognizes subtenants and 'implied tenants'. A person who is not a tenant, subtenant, or implied tenant may not occupy residential property without permission of the owner, landlord, or agent. An occupant who claims to be a subtenant or implied tenant must prove it, for example with a signed unexpired lease, recent rent receipts, canceled checks or electronic payments to the landlord, or emails or texts showing the landlord agreed they could live there; an implied tenant may also show that, based on the totality of the circumstances, the landlord impliedly agreed to let them live there. Utility bills or IDs showing the address are not enough on their own.

RSA 540-A:4, VII was renumbered effective Oct. 8, 2026 (the burden-of-proof rule moved from VII(c) to VII(e)).

Source: RSA 540-A:3, IX; RSA 540-A:4, VII

Removing a roommate or subtenant

No roommate-specific statute. Residential tenancies are ended with a written eviction notice (30 days in most cases; 7 days for nonpayment and certain other grounds) followed by a landlord-tenant possessory action in court. In 'restricted' property, a tenancy may be ended only for a listed ground such as nonpayment, damage, lease violations, or other good cause.

Grounds for restricted property: https://gc.nh.gov/rsa/html/LV/540/540-2.htm. Domestic violence, sexual assault, or stalking by a remaining cotenant or occupant is a listed ground (RSA 540:2, II(h)).

Source: RSA 540:2; RSA 540:3, II

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ROOMMATE AGREEMENT for [rental address]

Roommates: [roommate names]

Rent: total $[total rent] per month. Shares: [each roommate's share]. Each share is paid to [who pays the landlord] by [due date].

Security deposit paid by each roommate: [deposit shares]. When someone moves out, their share is returned [how and when].

Utilities and internet: [how bills are split and who holds each account].

Rooms and shared spaces: [who has which room; shared areas].

Cleaning and chores: [chore plan]. Quiet hours: [quiet hours]. Guests: [overnight guest limits].

Moving out: a roommate who leaves gives [notice period] written notice to the others and [finds a replacement approved by the landlord / pays their share until the lease ends].

Disputes: we will first try to talk it out, then [mediation or small claims court].

Signatures and dates: [signatures]

Roommate Agreement for other states · New Hampshire tenant rights

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.