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Free New Hampshire Mutual
Lease Termination Agreement Template

Last reviewed September 2026

Written by LawLease Editorial

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New Hampshire Mutual Lease Termination Agreement

This Mutual Lease Termination Agreement is built with New Hampshire as the governing state. These are the New Hampshire landlord-tenant rules that most often bear on it, with the statute for each.

New Hampshire rules at a glance

New Hampshire rules for a Mutual Lease Termination Agreement
Lease non-renewal (from July 1, 2026)60 days’ written notice, for leases of 12+ monthsRSA 540:2, II(i)
Security deposit limit1 month’s rent or $100, whichever is greaterRSA 540-A:6, I
Deposit return30 days, with interest due and an itemized list of damagesRSA 540-A:7
Deposit interestOwed once the deposit is held a year or more, at the bank’s savings rateRSA 540-A:6, IV
Deposit receiptA 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)).
Transfer of depositIf 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).

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).

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).

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 Mutual Lease Termination 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).

More New Hampshire landlord documents

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