What types of rental accommodations are NOT covered by New Hampshire landlord tenant legislation?

State landlord tenant laws do not apply to the following types of accommodations:

(a) Rooms in rooming or boarding houses which are rented to transient guests for fewer than 90 consecutive days.
(b) Rooms in hotels, motels, inns, tourist homes and other dwellings rented for recreational or vacation use.
(c) Rooms in student dormitories, nursing homes, hospitals, convents, monasteries, asylums or group homes.
(d) A single family home in which the occupant has no lease, which is the primary and usual residence of the owner.
(e) Residential real estate under New Hampshire RSA 540-B.

Is it necessary to have a written lease or rental agreement?

The lease can be written or oral, however, a written agreement is recommended as it clearly sets out the understanding between the parties.

What about a signed move-in move-out inspection report?

A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.

The tenant has 5 days from the date of occupancy to notify the landlord about any repairs or corrections which are needed.

Can the landlord charge a deposit?

The landlord can charge a security deposit, not to exceed 1 month's rent or $100, whichever is greater. The landlord must provide the tenant with a signed receipt stating the amount of the deposit and specifying where the deposit will be held. If the landlord holds the deposit for a period of 1 year or longer, the tenant is to be paid interest on the deposit at a rate equal to the rate paid on regular savings accounts in the bank or other institution in which it is deposited, calculated from the date the landlord receives the deposit.

Within 30 days from the termination of the tenancy, the landlord must return the security deposit plus any interest due, less any deductions made for damage to the premises (except for reasonable and tear). The landlord can also deduct any outstanding rent or other charges which the tenant is responsible for under the lease. The landlord must provide a written itemized list of any deductions, as well as receipts or labor estimates to back up these deductions.

How can a lease be terminated?

A tenancy at will (one in which there is no fixed term, such as a month-to-month rental) can be terminated by either party giving the other party 30 days' written notice.

If the tenant is a member of the armed services reserve or the national guard who is called to active duty, or a member of the armed services on active duty who is reassigned to a location out of state, the tenant can give the landlord notice of termination within 7 days of receipt of notice of being called to active duty or being reassigned.

When is the landlord permitted to enter the premises?

Other than to make emergency repairs, the landlord cannot enter the premises without the tenant's prior consent to do so. State law does not define how much notice a landlord must give before entering the premises. This should be agreed upon by the parties before the start of the tenancy.

On what grounds can a landlord evict a tenant?

The landlord can evict a tenant for a number of reasons, including:

(a) non-payment of rent;
(b) substantial damage to the premises by the tenant, his/her household or guests;
(c) failure to comply with a material term of the lease;
(d) behavior which adversely affects the health or safety of other tenants, the landlord or others;
(e) other "good cause".

The landlord must first serve the tenant with the appropriate notice to quit. If the tenant does not cure the problem within the allotted time, the landlord can go to court to attempt to have the tenant evicted.

A landlord cannot physically remove a tenant or their belongings, lock a tenant out, cut off or reduce utilities or essential services, or otherwise try to circumvent lawful procedures for eviction by going through the courts.

The landlord cannot threaten or attempt to evict a tenant as retaliation for the tenant making a complaint to any board, agency or authority with respect to the condition of the premises, or for joining a tenant's association, or otherwise protecting his/her rights.



The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.