New Hampshire Residential Lease Agreement Form
When renting real New Hampshire property, the landlord and tenant must enter into a residential lease agreement.
What is a New Hampshire residential agreement form? It is a contract between the landlord and tenant that contains the conditions of occupancy. Whether the space for rent is a room, rental unit in a multi-family building, or house, the standard document aims to protect both parties. The landlord is protected from undue financial burden, while the tenant is assured of the habitability and safety of the property.
A New Hampshire lease agreement form template contains standard terms with spaces that can be filled out or customized. Among its important details are the descriptions of the rental property, type of property, size, and address. It should also mention the rental amount and when it is due. Usually, rent is due every first of the month, but the landlord and tenant can also specify their preferred date.
The lease agreement must also contain the responsibilities of the landlord and tenant. The landlord must ensure the property is safe for occupancy, while the tenant must pay rent on time and take care of the property.
Required Disclosures
- Lead-Based Paint Disclosure Rule - This is a national requirement for all landlords. They must inform tenants if they are leasing a property with lead-based paint (common for structures built before 1978). Landlords must also provide educational materials about the dangers of lead-based paint (Lead-Based Paint Hazard Reduction Act of 1992 § 1018).
- Copy of New Hampshire Lease Agreement Form - The landlord is required to give the tenant a copy of the lease agreement form within 30 days from the day the document was signed.
- Security Deposit Receipt - A New Hampshire landlord is also mandated to provide the tenant with a receipt after the tenant pays for the security deposit. The deposit is usually remitted at the start of the tenancy.
Rent Grace Period
There are no statutes for rent grace periods in New Hampshire. This means that any payments after the stipulated due date are considered late, even if it is just one day overdue. Tenants who pay late may receive an eviction notice.
The New Hampshire Statutes on eviction reads: “If the eviction notice is based on nonpayment of rent, the notice shall inform the tenant of his or her right, if any, to avoid the eviction by payment of the arrearages and liquidated damages” (NH Rev Stat § 540:3).
An eviction notice does not mean automatic eviction. The New Hampshire landlord must give the tenant seven days to pay their rent balance or leave the property.
Security Deposits
New Hampshire landlords, particularly those who own more than six rental units, are allowed to collect a security deposit worth one month’s rent or $100, whichever is higher. The security deposit must be in a separate escrow account. They may also post a bond with the municipality to ensure that the amount is returned to the tenant.
After a security deposit has been held for a year in the bank, it earns interest which landlords must remit to tenants together with their original deposit.
Unlike the rental application, which comes with a non-refundable fee, the security deposit must be given back to the tenant after the termination of the tenancy. The landlord has 30 days to return the security deposit or what’s left of it. The landlord has the right to deduct expenses from the security deposit, which may include the cost of cleaning or repairing the property. However, they cannot deduct amounts due to simple wear and tear.
Should the tenant request for early termination to break the lease agreement, the landlord may deduct an amount due to the loss of income.