Residential Lease Agreement
State of New Hampshire — Template
1. Parties
This Residential Lease Agreement (the “Agreement”) is made on ____________ between ____________________ (“Landlord”) and ____________________ (“Tenant,” whether one or more).
The Landlord’s address for notices is ____________________. Each adult occupant must sign this Agreement and is jointly and severally responsible for its terms.
2. Premises
Landlord leases to Tenant the residential dwelling located at: ____________________________________ (the “Premises”), for residential use only.
The Premises shall be occupied only by the Tenant(s) named above and the following minors: ____________________. Guests staying longer than ____ consecutive days require Landlord’s written consent.
3. Term
The lease term begins on ____________ and ends on ____________. If no fixed end date is stated, the tenancy is month-to-month.
At the end of a fixed term, unless renewed in writing, the tenancy continues month-to-month or ends as the parties agree, subject to the notice each party must give under New Hampshire law.
4. Rent
Tenant shall pay rent of $________ per month, due in advance on the ____ day of each month, payable to ____________________ at ____________________ by the method(s) the Landlord accepts.
Rent is considered paid when actually received by Landlord. Partial payments do not waive Landlord’s rights.
5. Security Deposit
Tenant shall pay a security deposit of $________ before taking possession. The deposit secures Tenant’s performance and may be applied to unpaid rent, cleaning, and damage beyond normal wear and tear.
Landlord will return the deposit, with an itemized statement of any deductions, within the deadline required by New Hampshire law after the tenancy ends and Tenant provides a forwarding address.
- Maximum security deposit: 1 month's rent or $100, whichever is greater
- Deposit return deadline: 30 days after the tenancy ends (these deposit rules do not reach an owner of a single-family home with no other rental property, or of an owner-occupied building of 5 units or less, except a unit occupied by someone 60 or older)
6. Late Fees
If rent is not received by the ____ day of the month, Tenant shall pay a late fee of $________ (or ____%), not to exceed the maximum allowed by New Hampshire law.
A late fee may only be charged as permitted by law and must be stated in this Agreement to be enforceable.
- Late-fee limit: No statutory cap — late fees must be set in the rental agreement and may not be unconscionable or punitive (general reasonableness standard) (RSA chapter 540 (no specific late-fee statute))
- Grace period: No grace period is required for apartments or houses. In a manufactured housing park, no late fee if rent is paid in full within 7 calendar days.
7. Rent Increases
During a fixed term, rent may not be increased unless this Agreement allows it. For a month-to-month tenancy, Landlord may change the rent only after giving the written notice required by New Hampshire law.
- Rent-increase notice: 30 days' written notice — For most rentals ("restricted property"), refusing a rent increase is grounds for eviction only if the landlord gave written notice of the amount and start date at least 30 days ahead (RSA 540:2, IV). Not covered: single-family houses of an owner with three or fewer, and owner-occupied buildings of four or fewer units. (RSA 540:2, IV)
8. Landlord Entry
Landlord may enter the Premises for inspections, repairs, or to show the unit, only after giving the notice required by New Hampshire law and at reasonable times, except in a genuine emergency (fire, flood, or similar) where no notice is required.
- Landlord entry notice: Reasonable prior notice except in emergencies
9. Utilities & Services
Tenant is responsible for the following utilities/services: ____________________. Landlord is responsible for: ____________________.
Any shared or master-metered utility must be disclosed and allocated as required by New Hampshire law.
10. Maintenance, Repairs & Habitability
Landlord shall maintain the Premises in a fit and habitable condition and comply with applicable housing and health codes. Tenant shall keep the Premises clean, use fixtures properly, and promptly report needed repairs in writing.
Tenant shall not make alterations without Landlord’s written consent. Tenant is responsible for damage caused by Tenant, occupants, pets, or guests beyond normal wear and tear.
11. Pets
Pets are: ☐ not permitted ☐ permitted, limited to ____________________. Any pet deposit or pet rent ($________) is subject to the deposit limits under New Hampshire law. Assistance animals for a person with a disability are not “pets” and are handled under fair-housing law.
12. Use, Conduct & Occupancy
Tenant shall use the Premises only as a private residence, comply with all laws, and not disturb neighbors’ peaceful enjoyment. No illegal activity is permitted. Subletting or assignment requires Landlord’s prior written consent.
13. Standard Terms
Governing law: this Agreement is governed by the laws of the State of New Hampshire. If any provision is held unenforceable, the remaining provisions stay in effect (severability).
This Agreement, with any attached addenda and required disclosures, is the entire agreement between the parties and may be changed only in a signed writing. A provision that waives a right guaranteed to Tenant by New Hampshire law is not enforceable.
14. Required Disclosures & Addenda
The following disclosures required in New Hampshire are incorporated into this Agreement and, where applicable, attached as addenda. Both parties acknowledge receipt.
- Lead-based paint disclosure (federal) (42 U.S.C. § 4852d; 24 CFR Part 35; 40 CFR Part 745)Required for housing built before 1978: disclose known lead hazards, attach the lead-paint disclosure addendum, and provide the EPA pamphlet “Protect Your Family From Lead in Your Home.”
- Late fee disclosure (RSA chapter 540 (no specific late-fee statute))No statutory cap — late fees must be set in the rental agreement and may not be unconscionable or punitive (general reasonableness standard)
- Security deposit limitsMaximum deposit: 1 month's rent or $100, whichever is greater. Return within 30 days after the tenancy ends (these deposit rules do not reach an owner of a single-family home with no other rental property, or of an owner-occupied building of 5 units or less, except a unit occupied by someone 60 or older).
15. Signatures
Landlord: ____________________ Date: __________
Tenant: ____________________ Date: __________
Tenant: ____________________ Date: __________
By signing, each party acknowledges reading and agreeing to this Agreement and receiving the required disclosures listed above.