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State Landlord Tenant Law

New Hampshire Landlord Tenant Law and Regulations

by Editor | ezLandlordForms

Do I have the right to enforce no smoking in my rental property?
A landlord may establish a “No Smoking” policy by providing so in the lease.

Can I require my tenants to obtain renter's insurance?
Landlords may require tenants to obtain rental insurance, and could make the failure to do so a breach of the lease.

May I charge a returned payment fee?
Landlords may assess a collection fee for a dishonored payment of no more than $25, unless otherwise authorized by written agreement with the tenant.

What is a common problem where security deposits are concerned?
At times landlords may try claiming deductions for items that are often characterized by the court as normal wear and tear. This situation may be prevented by realistically evaluating each deduction, providing proof of damage, as well as including repair receipts and pictures.

What is the maximum amount I can collect as a security deposit?
In New Hampshire, a landlord who owns more than 6 units can asses a security deposit of no more than one month's rent or $100, whichever is larger.

  • Upon receiving a deposit, the landlord is required to give the tenant a signed receipt stating the amount of the deposit and specifying the place where the deposit will be held. During the term of the lease, a landlord is also required to provide specific information regarding the deposit upon request.
  • A landlord who holds a security deposit for a period of one year or longer shall pay interest on the deposit at a rate equal to the interest rate paid on regular savings accounts in the New Hampshire bank savings and loan association, or credit union in which it is deposited; commencing from the date the landlord receives the deposit.
  • Tenants may request the accrued interest on a security deposit every 3 years ( 30 days before the expiration of that year's tenancy). The landlord shall comply with the request within 15 days of the expiration of that year's tenancy.

Please Note: A person who rents or leases a single-family residence or who rents or leases rental units in an owner-occupied building of 5 units or less, shall not be considered a "landlord" for the purposes of this subdivision (except for any individual unit in such building which is occupied by a person or persons 60 years of age or older).

How can I end a New Hampshire lease agreement?
30 Days notice is required by statute to end a lease agreement.

My tenant has moved out, what shall I do with their security deposit?
The security deposit and/or the balance, including an itemized list, must be returned to the tenant within 30 days.

Are there circumstances where I am required to release a tenant from a lease agreement?
A landlord may be forced to release a tenant from a contractual agreement when the dwelling unit or premise is damaged and/or destroyed by fire or casualty not caused by the tenant, deeming the rental property unlivable. Additionally, a tenant may seek release from a rental agreement with the court when a landlord does not abide by the state’s landlord obligations.

How long does the eviction process take?
As with any legal matter, exact timing is almost impossible as it depends on many factors. Overall, with no complications, the eviction process usually takes approximately 4-5 weeks.

How do I tell if my tenant has “skipped” out of the apartment?
In New Hampshire there are specific procedures to follow and a notice to send out if you believe your tenant has abandoned the rental unit and lease agreement. The New Hampshire Tenant Abandonment Letter provides the proper notice and follows the requirements in these circumstances.

Do I have to give the tenant notice before I enter the rental property?
Landlords may not enter the leased premises without prior notice and consent, except in cases of emergency and to make repairs.

Aside from the lease agreement, are there any additional documents necessary?
If the leased premises was constructed prior to 1978, the landlord must provide all tenants with the Lead-Based Paint EPA Disclosure and the Lead-Based Paint EPA Pamphlet.

Disclaimer: The information provided herein is intended as a general discussion of legal issues concerning landlord tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.

Have questions for the experts? Pose them in our Rental Laws Forum, and also check out our other New Hampshire rental resources.

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