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What Is a New Hampshire Month-to-Month Lease Agreement?

A New Hampshire month-to-month lease agreement is a short-term rental agreement between the landlord and tenant. It is a flexible arrangement since it can last 30 days or, if it works out well for the parties, it can become an indefinite tenancy arrangement.

A month-to-month lease agreement must comply with New Hampshire landlord-tenant laws. This type of rental agreement should include all of the provisions found in a fixed-term residential lease agreement, including:

  • The monthly rent amount and when it is due
  • The late fee amount
  • Rent increase
  • The security deposit amount
  • Whether subletting is allowed by the renter
  • Whether the tenant is required to care for common areas
  • Occupancy of the rental property
  • Parking policy
  • Pet policy
  • The notice period for lease termination for the tenant to move out
  • How to deliver a written notice
  • Eviction notice information

What Laws Apply to New Hampshire Month-to-Month Lease Agreements?

New Hampshire month-to-month lease agreements must comply with Section 540 of New Hampshire Statutes. New Hampshire’s Office of the Attorney General provides a plain-English explanation regarding renting, security deposits, and evictions that explains how state laws apply to these rental agreements. If the security deposit for a month-to-month lease agreement is for a rental unit that is less than six units, the landlord may ask for no more than one month’s rent or $100, whichever is more. The landlord must inform the renter which bank the security deposit is kept in. If the month-to-month residential lease agreement lasts for more than a year, the landlord must pay the tenant interest on the security deposit. The landlord may use the security deposit if the renter does not pay their rent, the renter’s share of the real estate taxes if the month-to-month rental agreement includes this provision, and the cost of repairing the rental property outside of normal wear and tear.

Landlords and property managers must understand both state laws and federal laws that affect New Hampshire lease agreements. If you have questions before renting to a new tenant, you should seek legal advice.

Terminating a New Hampshire Month-to-Month Lease Agreement

According to § 540:2, the notice period for a New Hampshire month-to-month lease agreement is 30 days. The party submitting it must use a written notice.

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New Hampshire Month to Month Lease Agreement

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