New Hampshire Subletting, Lease Endings & Tenant Death
New Hampshire rules on subletting, lease endings & tenant death for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: New Hampshire law treats a person who rents from a tenant as a 'subtenant' only if the tenant has the landlord's authorization to sublet. RSA 540-A:1, II; RSA 540-A:3, IX; RSA 540-A:4
The rules in New Hampshire
| Subletting | New Hampshire law treats a person who rents from a tenant as a 'subtenant' only if the tenant has the landlord's authorization to sublet. A person who is not a tenant, an authorized subtenant, or an 'implied tenant' (living there with the knowledge and consent of both the tenant and the landlord) may not occupy the property without the owner's or landlord's permission, and the landlord may petition the court to remove them. In such a case the occupant has the burden of proving subtenant or implied-tenant status. If the court finds the occupant sublet from the tenant although the lease prohibits subletting, the landlord may dispose of remaining belongings after 48 hours' notice, but no damages are awarded. |
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| When the lease ends | For 'restricted property' (most residential rentals), a landlord may end a tenancy only for listed reasons. The end of a lease counts as a reason only if the lease was for 12 months or more (or has been renewed to a total of 12 months or more), the landlord gave the tenant written notice at least 60 days before the end date that the lease will not be renewed and the tenant must leave, and the landlord files the eviction case within 6 months after the lease expires. For 'nonrestricted property' (for example, a single-family house whose owner owns no more than 3, or a unit in an owner-occupied building of 4 or fewer units), the landlord may end any tenancy with a written notice to quit. A no-fault termination for lease expiration may not be treated as an eviction for rental applications or tenant screening (RSA 540:2, VIII). A tenant's refusal to agree to a rent increase is good cause if the landlord gave 30 days' written notice of the increase (RSA 540:2, IV). Source: RSA 540:1-a; RSA 540:2, I-II |
| If a tenant dies | New Hampshire's landlord-tenant statutes (RSA chapters 540 and 540-A) have no provision on what happens to a lease, the deposit, or the tenant's belongings when a tenant dies. Reviewed RSA chapter 540 (Actions Against Tenants) and chapter 540-A (Prohibited Practices and Security Deposits) on 2026-10-28; no provision found. Other general law (such as probate) may apply. |
New Hampshire vs. neighboring states
| State | Subletting | When the lease ends | If a tenant dies |
|---|---|---|---|
| New Hampshire | New Hampshire law treats a person who rents from a tenant as a 'subtenant' only if the tenant has the landlord's authorization to sublet. A person who is not a tenant, an authorized subtenant, or an 'implied tenant' (living there with the knowledge and consent of both the tenant and the landlord) may not occupy the property without the owner's or landlord's permission, and the landlord may petition the court to remove them. RSA 540-A:1, II; RSA 540-A:3, IX; RSA 540-A:4 | For 'restricted property' (most residential rentals), a landlord may end a tenancy only for listed reasons. The end of a lease counts as a reason only if the lease was for 12 months or more (or has been renewed to a total of 12 months or more), the landlord gave the tenant written notice at least 60 days before the end date that the lease will not be renewed and the tenant must leave, and the landlord files the eviction case within 6 months after the lease expires. For 'nonrestricted property' (for example, a single-family house whose owner owns no more than 3, or a unit in an owner-occupied building of 4 or fewer units), the landlord may end any tenancy with a written notice to quit. RSA 540:1-a; RSA 540:2, I-II | New Hampshire's landlord-tenant statutes (RSA chapters 540 and 540-A) have no provision on what happens to a lease, the deposit, or the tenant's belongings when a tenant dies. RSA ch. 540 (reviewed); RSA ch. 540-A (reviewed) |
| Maine | Not verified yet | When a written lease term expires, the landlord may bring an eviction case ('forcible entry and detainer') against the tenant without any notice if the case is started within 7 days after the term expires (14 M.R.S. §6001(1)). A tenancy at will (no fixed term) is ended by at least 30 days' written notice from either party, and the notice must tell the tenant of the right to contest the termination in court (14 M.R.S. §6002). 14 M.R.S. §6001(1); 14 M.R.S. §6002 | Not verified yet |
| Massachusetts | Not verified yet | A tenant who stays after the right to occupy ends (a 'tenant at sufferance') must pay rent for the time the tenant occupies or keeps the premises (G.L. c. 186, §3). A tenancy at will (including month-to-month) may be ended by written notice equal to the rent interval or 30 days, whichever is longer (three months if rent is paid less often), and the notice may include an offer of a new tenancy on different terms (c. 186, §12). When a home tenancy at will ends without the tenant's fault, the landlord cannot bring an eviction case until that notice period has passed, and the tenant pays rent at the same rate meanwhile (c. 186, §13). G.L. c. 186, §§3, 12, 13 | Not verified yet |
| Vermont | A landlord may limit or prohibit subletting in a written rental agreement and may require the tenant to give written notice of the name and contact information of any subtenant. If there is no written agreement, the tenant must give the landlord written notice of the name and contact information of any subtenant. If a written lease bans subletting, the landlord or tenant may bring an ejectment action against a person occupying the unit without permission. 9 V.S.A. § 4456b | To end a written lease for no cause, the landlord must give notice at least 30 days before the end of the term (60 days if the tenancy has lasted more than two years; 7 days for a written week-to-week agreement). Without a written lease, monthly tenancies need at least 60 days' notice (90 days after two years) and weekly tenancies at least 21 days. If the tenant stays after the tenancy ends without the landlord's express consent, the landlord may sue for possession, damages and costs. The chapter sets no holdover rent penalty and does not address automatic-renewal clauses. 9 V.S.A. §§ 4467(c), (e), 4468 | Vermont's residential rental law has no provision on what happens to a lease, the deposit or the tenant's belongings when a tenant dies. 9 V.S.A. chapter 137 (reviewed) |
More New Hampshire rental law
- New Hampshire Security Deposit Law
- New Hampshire Eviction Laws
- New Hampshire Notice to Vacate Rules
- Landlord Entry Rules in New Hampshire
- New Hampshire Repairs & Tenant Remedies
- New Hampshire Rent Increase & Late Fee Laws
- Breaking a Lease in New Hampshire
- Squatters' Rights in New Hampshire
- New Hampshire Rental Fee Rules
- New Hampshire Section 8, Records & Right to Counsel
- New Hampshire Mold, Pests, Heat & AC Rules
- New Hampshire Privacy, Guests & Animal Rules
- New Hampshire Landlord Selling the House
- New Hampshire Lockouts, Utility Shutoffs & Retaliation
- All New Hampshire landlord-tenant rules
- Free legal help in New Hampshire
Compare subletting, lease endings & tenant death in all 50 states and DC →
New Hampshire Subletting, Lease Endings & Tenant Death FAQ
Can I sublet my apartment in New Hampshire?
New Hampshire law treats a person who rents from a tenant as a 'subtenant' only if the tenant has the landlord's authorization to sublet. A person who is not a tenant, an authorized subtenant, or an 'implied tenant' (living there with the knowledge and consent of both the tenant and the landlord) may not occupy the property without the owner's or landlord's permission, and the landlord may petition the court to remove them. (RSA 540-A:1, II; RSA 540-A:3, IX; RSA 540-A:4)
What happens when my lease ends in New Hampshire?
For 'restricted property' (most residential rentals), a landlord may end a tenancy only for listed reasons. The end of a lease counts as a reason only if the lease was for 12 months or more (or has been renewed to a total of 12 months or more), the landlord gave the tenant written notice at least 60 days before the end date that the lease will not be renewed and the tenant must leave, and the landlord files the eviction case within 6 months after the lease expires. For 'nonrestricted property' (for example, a single-family house whose owner owns no more than 3, or a unit in an owner-occupied building of 4 or fewer units), the landlord may end any tenancy with a written notice to quit. (RSA 540:1-a; RSA 540:2, I-II)
What happens to a lease when a tenant dies in New Hampshire?
New Hampshire's landlord-tenant statutes (RSA chapters 540 and 540-A) have no provision on what happens to a lease, the deposit, or the tenant's belongings when a tenant dies. (RSA ch. 540 (reviewed); RSA ch. 540-A (reviewed))
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.