Free New Hampshire Lease & Rental Agreement

Last updated September 27, 2026

Written by LawLease Editorial

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New Hampshire Residential Lease Agreement

A New Hampshire residential lease (also called a New Hampshire rental agreement) sets the rent, term and house rules for a home rental. A New Hampshire residential lease agreement is governed by RSA Chapter 540 (Actions Against Tenants) and RSA Chapter 540-A (Prohibited Practices and Security Deposits). New Hampshire caps deposits at one month’s rent or $100, requires the tenant’s consent before non-emergency entry, and — for most rentals — only lets a landlord end a tenancy for a reason the statute recognizes, a list that expanded on July 1, 2026 to include lease expiration.

New Hampshire landlord–tenant law at a glance

New Hampshire residential lease law summary
Security deposit limit	1 month’s rent or $100, whichever is greaterRSA 540-A:6, I
Deposit return	30 days, with interest due and an itemized list of damagesRSA 540-A:7
Deposit interest	Owed once the deposit is held a year or more, at the bank’s savings rateRSA 540-A:6, IV
Late fees	No statutory cap; set by the lease
Rent-increase notice	30 days’ written notice of the amount and effective dateRSA 540:2, IV
Landlord entry	Tenant’s prior consent required, except for emergency repairsRSA 540-A:3, IV
Eviction notice	7 days for nonpayment, damage or safety threats · 30 days otherwiseRSA 540:3, II
Lease non-renewal (from July 1, 2026)	60 days’ written notice, for leases of 12+ monthsRSA 540:2, II(i)

Security deposits in New Hampshire

A New Hampshire landlord may not demand or receive a security deposit of more than one month’s rent or $100, whichever is greater (RSA 540-A:6, I(a)). The statute treats any money beyond the monthly rent that a tenant pays for any purpose as a security deposit (RSA 540-A:5, II).

The deposit rules don’t apply to someone who rents out a single-family home and owns no other rental property, or who rents units in an owner-occupied building of five units or fewer — except for any unit occupied by a tenant aged 60 or older (RSA 540-A:5, I).

Receipt & condition list — On receiving a deposit (other than by check), the landlord must give a signed receipt stating the amount and where it’s held. In every case the landlord must tell the tenant in writing that a list of conditions needing repair should be given to the landlord within 5 days of occupancy (RSA 540-A:6, I(b)–(c)).
Held in trust — The deposit remains the tenant’s money, can’t be commingled with the landlord’s own funds, and must be kept in a New Hampshire bank, savings and loan or credit union — or covered by a bond posted with the town or city clerk (RSA 540-A:6, II).
Interest — A deposit held for a year or longer earns interest at the rate paid on regular savings accounts at the institution holding it; on request the landlord must disclose the institution, account and rate (RSA 540-A:6, IV).
Return — Within 30 days after the tenancy ends, the landlord must return the deposit and any interest due, with a written itemized list of damages (excluding reasonable wear and tear) that describes each repair and includes evidence such as receipts or estimates (RSA 540-A:7).
Penalty — Failing to return the deposit or pay interest on time makes the landlord liable for twice the deposit plus interest, less lawful deductions. Any lease clause waiving these rights is void (RSA 540-A:8).

Rent, late fees & rent increases

New Hampshire has no statute capping residential late fees or limiting how much rent can rise. A late fee is enforceable because the lease provides for it.

Rent-increase notice — For most rentals, a tenant’s refusal to accept a rent increase is “good cause” for eviction only if the landlord gave written notice of the new amount and its effective date at least 30 days beforehand (RSA 540:2, IV).
Paying to stop an eviction — A nonpayment case must be dismissed if, before the hearing, the tenant pays all rent due plus other lawful lease charges, $15 in liquidated damages and the landlord’s filing and service costs. A tenant can use this right no more than 3 times in 12 months (RSA 540:9).
Application fees — Since January 2025 the landlord must disclose any application fee and screening requirements in writing before collecting it, and refund anything beyond actual screening and reasonable administrative costs to an applicant who isn’t offered the unit, within 30 days (RSA 540-A:3, VIII).

Landlord entry & access

New Hampshire frames entry as a consent rule, not a notice period: a landlord may not willfully enter the tenant’s unit without prior consent, other than to make emergency repairs (RSA 540-A:3, IV). Emergency repairs include evaluating or remediating an infestation such as bed bugs within 72 hours of first learning of it (RSA 540-A:3, IV-a). Otherwise, entry without consent requires a court order (RSA 540-A:3, V-d).

The tenant, for their part, may not willfully refuse access for necessary repairs or other reasonable, lawful functions of ownership at a reasonable time after adequate notice (RSA 540-A:3, V). To check for bed bugs spreading from an adjacent unit, the landlord must give 48 hours’ written notice (RSA 540-A:3, V-b).

Ending a New Hampshire tenancy

Most New Hampshire rentals are “restricted property,” which a landlord may terminate only for a reason listed in RSA 540:2, II: nonpayment after demand, substantial damage, failure to comply with a material lease term, behavior affecting others’ health or safety, certain lead-abatement and pest-preparation issues, and “other good cause” — which includes any legitimate business or economic reason (RSA 540:2, V). Before evicting for tenant-caused “other good cause,” the landlord must first warn the tenant in writing (RSA 540:2, III).

From July 1, 2026 (HB 60), the end of a lease whose original term is 12 months or longer — or a shorter lease renewed for a total of 12 months or longer — is also a ground — if the landlord gave written notice at least 60 days before the lease end that it won’t be renewed and files the possessory action within 6 months after it expires. This “no-fault” termination can’t be treated as an eviction for rental applications or tenant screening, and retaliation and discrimination defenses still apply (RSA 540:2, II(i), VIII).

New Hampshire residential eviction notice periods (RSA 540:3, II)
Nonpayment of rent	7 days
Substantial damage to the premises	7 days
Behavior affecting health or safety	7 days
Accused perpetrator after a domestic-violence lease termination	7 days
All other grounds	30 days

Contents — The eviction notice must state the specific reason for termination, and a nonpayment notice must tell the tenant of any right to avoid eviction by paying the arrears and liquidated damages (RSA 540:3, III–IV).
Utility payments — A tenant can’t be evicted for nonpayment if the arrears don’t exceed what the tenant paid, with proof, to keep landlord-provided utilities from being shut off (RSA 540:2, VI).
Domestic violence — A landlord may not terminate a tenancy solely because a tenant or household member is a victim of domestic violence, sexual assault or stalking, with qualifying verification (RSA 540:2, VII).

Required disclosures in New Hampshire

Deposit receipt — A signed receipt stating the amount and where the deposit or bond is held, unless the deposit was paid by check (RSA 540-A:6, I(b)–(c)).
5-day condition list notice — Written notice that the tenant should list any conditions needing repair within 5 days of occupancy (RSA 540-A:6, I(c)).
Transfer of deposit — If the property is sold, the deposit passes to the new owner within 5 days and the tenant must be told by registered or certified mail who holds it (RSA 540-A:6, III).
Lead-based paint — Federal disclosure and EPA pamphlet for housing built before 1978 (42 U.S.C. §4852d).

Habitability & pests

A New Hampshire landlord may not willfully interrupt water, heat, light, electricity, gas, sewer or other utility service except temporarily for actual repairs or emergencies (RSA 540-A:3, I). Landlords must investigate a reported insect or rodent infestation, including bed bugs, within 7 days and take reasonable steps to remediate it; tenants must follow reasonable written preparation instructions given at least 72 hours before treatment (RSA 540-A:3, V-a, V-c).

A tenant who in good faith reports a code violation or a violation of RSA 540-A, or uses the statutory procedures to challenge conditions, is protected from a retaliatory eviction (RSA 540:13-a).

Tenant protections you can’t waive

No lockouts — A landlord may not seize or deny a tenant access to the unit or the tenant’s property except through judicial process (RSA 540-A:3, II–III).
Deposit rights — Any lease clause purporting to waive the tenant’s security-deposit rights is void (RSA 540-A:8, III).
No retaliation — Retaliation for reporting violations or organizing with other tenants is a defense to eviction, unless the tenant owes a week’s rent or more (RSA 540:13-a).
Belongings after move-out — A landlord must store a departed tenant’s belongings with reasonable care for 7 days and let the tenant retrieve them without charge (RSA 540-A:3, VII).

New Hampshire lease agreement FAQs

How much can a landlord charge for a security deposit in New Hampshire?

No more than one month’s rent or $100, whichever is greater (RSA 540-A:6, I). Small owner-occupied buildings of five or fewer units and single-family homes owned by someone with no other rentals are exempt from the deposit rules, except for units occupied by tenants 60 or older (RSA 540-A:5).

How long does a landlord have to return a security deposit in New Hampshire?

30 days after the tenancy ends, together with any interest due and an itemized list of damages backed by receipts or estimates. Missing the deadline exposes the landlord to twice the deposit plus interest, less lawful deductions (RSA 540-A:7, 540-A:8).

Can a New Hampshire landlord enter without permission?

Only to make emergency repairs or with a court order. Otherwise the landlord needs the tenant’s prior consent (RSA 540-A:3, IV, V-d). Tenants in turn can’t unreasonably refuse access for necessary repairs after adequate notice.

How much notice is required for a rent increase in New Hampshire?

At least 30 days’ written notice stating the new amount and effective date. A tenant’s refusal of a properly noticed increase is “other good cause” for eviction (RSA 540:2, IV). New Hampshire doesn’t cap the amount of the increase.

How much notice is required to evict a tenant in New Hampshire?

Seven days for nonpayment, substantial damage or behavior affecting health or safety; 30 days for all other grounds. The notice must state the specific reason (RSA 540:3).

Can a New Hampshire landlord refuse to renew a lease without cause?

Since July 1, 2026, yes for a lease whose original term is 12 months or longer, or a shorter lease renewed for a total of 12 months or longer — the landlord must give written notice at least 60 days before the lease ends and file within 6 months after it expires. Shorter tenancies still need a statutory ground, which includes any legitimate business reason (RSA 540:2, II(i), V).

Can a tenant stop a nonpayment eviction by paying in New Hampshire?

Yes. Paying all rent due, other lawful charges, $15 in liquidated damages and the landlord’s filing and service costs before the hearing requires dismissal — but only 3 times in any 12-month period (RSA 540:9).

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