Most Commonly Used New Hampshire Lease Agreements
The most commonly used New Hampshire rental agreements include a standard residential lease agreement, a month-to-month lease, a lease to own agreement, a roommate agreement, a sublease agreement, and a commercial lease agreement.
The most commonly used New Hampshire lease agreements rely on the same elements. However, they also have some differences. Here are a couple of examples.
- A roommate agreement is a type of a residential lease agreement. In addition to the usual provisions, it also explains which areas in the rental are for the sole use of the roommate and which areas are considered communal and may be used by all occupants.
- A standard residential lease agreement is generally entered into for a period of one year. At the end of that year, it may automatically renew for another year or it may convert to a month-to-month agreement. However, a one-year standard lease and a month-to-month lease have similarities. One of the most common similarities is the requirement of a 30-day written notice to move out at the end of the term if the tenant or the landlord does not plan to renew their agreement.
How to Write a New Hampshire Lease Agreement
New Hampshire lease agreements must comply with New Hampshire landlord-tenant laws. Failure to do so renders them unenforceable. Additionally, there are other laws that require consideration. You’ll learn about some of those under the sections related to disclosures and security deposits.
Because a lease agreement is a contract, you should read it carefully before signing it or opt to have it reviewed by an attorney.
A New Hampshire lease agreement should include the following information:
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Name of the Parties - This is the full name of the landlord or the legal business name of the property management company as well as the legal name of the tenant(s).
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Property Address - This is the street address for the rental property, including the city, zip code, and, if applicable, the lot or unit number.
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Term Information - This is the type of lease agreement the parties agree to enter into. For example, a month-to-month lease or a fixed term. A fixed-term lease means that the parties agree that the tenant will hold possession of the space for a certain amount of time, usually one year. If it is a fixed lease, this section should include the date that the lease will end.
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Rental Amount - This section includes the date that the lease will begin, the amount of the monthly rent, the day of the month that rent is due, and the address where the rent may be paid.
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Late Fee - This section documents the amount of the fee that is due if the rent is not paid by a certain date.
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Security Deposit - This is the amount of money that must be paid in advance of the tenant taking control of the rental property. A security deposit is used to repair damages caused by the tenant.
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Initial Payment - This is the total amount of money that the tenant must pay to move into the rental property. This should include the amount of the first month’s rent, the security deposit, and the total of the two numbers added together.
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Occupants - This section includes the full name of each tenant even if they are a minor or they are not signing the lease. This part of a New Hampshire residential lease agreement establishes who will reside in the residential unit. For commercial space leases, it designates those who have permission to use the space. If the presence of additional occupants changes the price of the rent, it should be included in this section.
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Utilities - This section explains which utilities or services a tenant does not pay.
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Parking - This section informs the tenant if they will receive a parking space. If a parking space is reserved and if there is a designated spot, the spot should be listed in this section.
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Furnishings - This section tells tenants what they are allowed to install (such as a washing machine or a dishwasher) or what they may not install. If the tenant is not allowed to bring their own appliances, that should be designated in this section.
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Notices - This section documents the names of the landlord or property manager and tenant along with their mailing address. This contact information is used if the parties need to send out a notice to the other party.
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Eviction - This informs tenants how eviction would be carried out in the event of nonpayment of breach of other lease terms.
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Additional Terms - This section lists any other terms that the parties agreed to that haven’t been included in any other section of the lease agreement.
Which Disclosures Belong in a New Hampshire Lease Agreement?
Under state law, New Hampshire lease agreements must provide certain disclosures. New Hampshire landlord-tenant law requires a move-in checklist and a receipt for the security deposit. The purpose of the move-in checklist is so that the tenant can verify the condition of the property and request repairs within 5 days of moving in. The security deposit receipt must state the amount of money the tenant gave as a security deposit and the name of the bank where the security deposit will be held. The landlord must provide reasonable notice to tenants before entering the property for non-emergency reasons.
Finally, if the residential property was constructed in or before 1978, federal law mandates that the landlord must provide the tenant with a disclosure about the possibility of lead paint.
What You Need to Know About New Hampshire Lease Agreement Deposits
The landlord may not request more than one month of rent for a security deposit. The security deposit must be returned to the tenant within 30 days unless the tenant and the landlord shared the property. If they shared it, the security deposit must be returned within 20 days.
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