What clauses are legally required in every New Hampshire lease agreement?
Every New Hampshire lease should identify the landlord/agent and all adult tenants, the property, the rent and due date, and the term. RSA 540-A requires a deposit receipt and a 5-day repair-notice opportunity, and RSA 540 requires good cause to evict tenants of restricted property. A lease that cannot be performed within one year must be in writing (RSA 506:1).
New Hampshire security deposit rules — the cap, receipt, and interest
RSA 540-A:5–:6 govern deposits (note: single-family-home landlords who own no other rental property, and owner-occupied buildings of five or fewer units, are exempt — unless a tenant is 62 or older):
- Cap: one month's rent or $100, whichever is greater; pet, cleaning, and damage deposits all count toward the cap.
- Receipt: the landlord must "forthwith" give a signed receipt stating the amount and where the deposit is held, and notify the tenant to report needed repairs within 5 days of occupancy (no receipt is required if paid by check).
- Interest: if held one year or longer, the landlord must pay interest at the institution's savings rate; the tenant may request accrued interest every three years.
- Return: within 30 days of the tenancy ending (or 30 days after receiving a forwarding address, whichever is later), with an itemized list of deductions.
For a multi-state comparison, see security deposit rules every landlord must know.
Late fees and rent rules in New Hampshire
New Hampshire does not set a statutory cap on residential late fees. A late fee is enforceable if it is written into the lease and reasonable; commonly-cited grace-period and percentage figures are commentary, not black-letter law.
Notice periods, good cause, and ending a New Hampshire tenancy
For "restricted property" (most residential rentals), a landlord may terminate only for one of the good-cause reasons in RSA 540:2. Buildings that are owner-occupied with four or fewer units, or a landlord who owns three or fewer single-family homes, are not restricted and need no good cause.
| Situation | Notice | Statute |
|---|---|---|
| Nonpayment of rent | 7-day eviction notice (with a right to cure) | RSA 540:2, 540:3 |
| Substantial damage / health-safety / certain violations | 7 days | RSA 540:2 |
| Other termination (e.g., material lease violation) | 30 days | RSA 540:3 |
The eviction notice must state the reason with specificity. Self-help eviction is unlawful.
What disclosures must New Hampshire landlords provide?
New Hampshire's required disclosures:
- Deposit receipt (RSA 540-A:6): the signed receipt stating the amount and where the deposit is held.
- Lead-based paint (federal): the disclosure and EPA pamphlet for pre-1978 housing.
What happens if a New Hampshire lease is missing required terms?
Specific failures carry specific consequences:
- Deposit over the cap or no receipt: RSA 540-A violations can expose the landlord to statutory damages.
- Missed 30-day return / no interest: exposes the landlord to the tenant's claims.
- Terminating restricted property without good cause: is unlawful under RSA 540:2.
Managing rentals in more than one state? Compare New Hampshire's rules with our Massachusetts and Maine lease requirement guides.
Full New Hampshire disclosure checklist
For a dedicated, statute-by-statute rundown of every notice a New Hampshire landlord must give at signing, see our New Hampshire required lease disclosures checklist.
Create your New Hampshire lease agreement
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Create your New Hampshire lease agreement →Frequently asked questions
What is the maximum security deposit in New Hampshire?
One month's rent or $100, whichever is greater, with pet, cleaning, and damage deposits counting toward the cap (RSA 540-A:6). Some small owner-occupied and single-family landlords are exempt unless a tenant is 62 or older.
How long does a New Hampshire landlord have to return a security deposit?
Within 30 days of the tenancy ending (or 30 days after receiving a forwarding address, whichever is later), with an itemized statement and any interest owed (RSA 540-A:6).
Is there a late-fee limit in New Hampshire?
No. New Hampshire does not cap residential late fees by statute; the fee must be in the lease and reasonable.
Does New Hampshire require good cause to evict?
Yes, for "restricted property" (most residential rentals). A landlord may terminate only for a good-cause reason in RSA 540:2. Owner-occupied buildings of four or fewer units, and landlords owning three or fewer single-family homes, are exempt.
How much notice is required to evict for nonpayment in New Hampshire?
A 7-day eviction notice with a right to cure by paying the arrearages (RSA 540:2, 540:3). Most other terminations require 30 days.
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.