New Hampshire Month-to-Month Rental Agreement
A New Hampshire month-to-month lease agreement gives both landlords and tenants a flexible rental option, unlike the rigid structure of a fixed-term lease. This type of lease automatically renews at the end of each month and creates a tenancy-at-will that requires specific notice to cancel.
In this guide, we’ll review month-to-month leases, take a closer look at New Hampshire landlord-tenant laws, and explain how those laws affect this type of lease. Keep reading to learn everything you need to know about New Hampshire month-to-month lease agreements.
New Hampshire Lease Agreement
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New Hampshire Landlord-Tenant Law
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New Hampshire Month-to-Month Lease Laws
Each state creates its own landlord-tenant laws to govern residential rentals, and New Hampshire is no different.
In the following sections, we’ll cover key parts of New Hampshire’s landlord-tenant laws, including:
- Mandatory lease disclosures
- Ending a month-to-month lease
- Increasing rent on a month-to-month tenant
- Evicting a tenant
- Collecting and returning security deposits
- Pet deposits, pet rent, and the limitations
- Late fees and grace period on rent payments
Required Landlord Disclosures (4)
When tenants move into a unit, New Hampshire law requires the landlord to make the following disclosures to the tenant:
1. Lead-based paint: Federal law requires landlords to disclose the existence of or any knowledge regarding lead-based paint or lead-based paint hazards for all properties built before 1978.
2. Methamphetamine production: New Hampshire landlords must inform tenants if anyone has used the unit for meth production in the past. They must also disclose if the property has not met the Department of Environmental Services remediation standards (477:4-g).
3. Move-in checklist: Landlords must give the tenant a move-in checklist within five days of move-in. Tenants use the checklist to review the property’s condition before moving in (540-A:6-I-c).
4. Security deposits: New Hampshire landlords must tell tenants where they store the security deposit. They must also provide the account number, interest rate, and account records after one year of tenancy if the tenant requests it in writing. If the tenant pays the deposit by check, landlords may waive the first two requirements (540-A:6-I-b+IV).
Required Notice to Terminate Month-to-Month Agreement
Unlike many states, New Hampshire typically requires landlords to terminate a month-to-month lease for cause. The landlord must cite a valid economic or business reason or refer to a lease violation by the tenant. Tenants do not need to show cause when ending the lease (540:3), (540:11).
Required notice for landlord: At least 30 days
Required notice for tenant: At least 30 days
Rent Increase Laws
Since New Hampshire has no statewide rent control, landlords can raise rent to any amount they choose. However, to increase rent on a month-to-month lease, they must give the tenant 30 days’ notice (540:2(IV)).
Rent Payment Laws
Grace period: New Hampshire law does not require landlords to give tenants a grace period for late rent payments.
Late rent fees: New Hampshire law does not set a minimum or maximum for late fees. If a landlord wants to charge late fees, they must include that information in the lease agreement.
Tenant’s right to withhold rent: If the landlord agrees to pay and maintain utilities but fails to do so, New Hampshire tenants may deduct those utility payments from their rent (540:2-VI).
Pet rent laws: New Hampshire landlords may charge monthly pet rent without any legal limit. However, they cannot charge pet rent or deposits for service animals or emotional support animals (ESAs).
Security Deposit Rules
Maximum security deposit: New Hampshire landlords may collect a security deposit of $100 or one month’s rent, whichever amount is greater (540-A:6-I-a).
Security deposit receipt: If the tenant gives the security deposit directly to the landlord, no receipt is required. However, if they pay using any other method, the landlord must provide a receipt. It must list the full amount and the contact details of the institution holding the deposit (540-A:6-I-b+c).
Interest: New Hampshire landlords must pay the tenant interest after holding the deposit for one year. The amount must match the standard interest rate of the bank holding the funds. Interest starts on the first day after the landlord receives the deposit (540-A:6-IV-a).
Deduction tracking: If the landlord plans to deduct funds from the deposit for excessive cleaning, unpaid rent, or damage beyond normal wear and tear, they must itemize each charge. They must also give the list to the tenant (540-A:7-I+II).
Returning a tenant’s security deposit: Landlords must return security deposits within 30 days after the tenancy ends (540-A:7-I).
Pet deposit rules: Landlords may charge a pet deposit. However, the combined total of the pet deposit and the regular security deposit cannot exceed one month’s rent.
Property Access Regulations
Advance notice: New Hampshire landlords may enter the property once they get the tenant’s consent. The law does not specify a required timeframe for entry (540-A:3-IV).
Immediate access: In an emergency, New Hampshire landlords may enter the rental unit without the tenant’s consent (540-A:3-V-d).
Landlord harassment: If a landlord repeatedly enters the tenant’s unit without permission, they may face liability for landlord harassment. In that case, the tenant may break the lease early without penalty (540-A:2).
Rental Agreement Violations
Missed rent payment: Once rent is late, landlords may issue a 7-day Notice to Pay or Quit. If the tenant misses three payments within 12 months, the landlord can issue a 7-day Notice to Quit without offering a chance to pay (540:3 and 540:9).
Lease violation: If the tenant violates the lease, the landlord may issue a 30-day Notice to Quit. For more serious violations that cause significant property damage or affect the health and safety of others, the landlord may issue a 7-day Notice to Quit (540:3).
Self-help evictions: Landlords should never attempt a self-help eviction by removing a tenant on their own. Self-help evictions are illegal in all 50 states. (540-A:3-I+II).
Lease abandonment: If a tenant abandons their lease early and without notice, they may forfeit their security deposit. They may also be liable for the remaining rent on the lease term and face other penalties (540-A:4-XII).
New Hampshire Month-to-Month Lease Agreement FAQs
What is a New Hampshire month-to-month lease agreement?
A New Hampshire month-to-month lease agreement offers a flexible rental option. It creates a “tenancy-at-will” and automatically renews each month until one party terminates it.
What’s the difference between a New Hampshire fixed-term lease and a month-to-month agreement?
A fixed-term lease has a set end date that marks the end of the tenancy. In contrast, a New Hampshire month-to-month lease agreement automatically renews each month until one party cancels it.
How do you end a New Hampshire month-to-month lease agreement?
Landlords must have “good cause” to terminate a month-to-month lease and give 30 days’ written notice. Tenants can end the lease by giving the landlord 30 days’ written notice.
