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What is a New Hampshire Sublease Agreement?

In New Hampshire, a sublease agreement is a binding agreement that allows a tenant to form a rental relationship with another tenant. This situation would occur if the tenant needs to leave town for a period of time and does not wish to pay rent while he or she is gone. Instead of breaking the lease and having to pay penalties, the original tenant, known as the sublessor, fulfills his or her rent obligations to the landlord while being able to travel or move elsewhere for a period of time. A sublease agreement is especially helpful for those who plan to come back after an extended period of time away. For example, if a tenant is gone from the unit for six months and subleases the rental while they are gone, they do not have to worry about moving their belongings into storage and searching for a place to live when they return. One important fact about subleasing is that the original tenant’s name will remain on the lease, as this is a peer-to-peer agreement. This means that if any late payments were to occur, the sublessor would be held responsible.

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Sample New Hampshire Sublease Agreement

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New Hampshire Sublease Laws

New Hampshire's landlord-tenant laws don't specifically prohibit or allow subleases, which means that your specific provisions lie in the terms of your lease. Whether or not you are able to sublease your rental will lie entirely on your lease and your landlord. As always, be sure to obtain written permission from your landlord.

A Sample New Hampshire Sublease Agreement with Examples of Each Step

A sublease is an agreement between the original tenant (sublessor or sublandlord) under a lease agreement for a rental unit and a new individual (sublessee or subtenant) who does not have a direct connection with the original lease agreement; the sublease agreement is tied to and incorporates the original (master) lease. In New Hampshire, if the original lease does not contain language giving permission for the tenant to enter into a sublease, the original tenant (sublessor) must obtain written permission from the landlord to do so. The original tenant (sublessor) is still bound by all the requirements/obligations under the original (master) lease agreement.

A New Hampshire sublease agreement should include the following sections:

  • Name of Sublessor (Sublandlord)/Name of Sublessee (Subtenant)/Name of Original Landlord: Both parties to the sublease agreement should be identified by name in the document, as well as any co-sublessors or co-sublessees. In addition, the sublease agreement in New Hampshire must include the name of the landlord, as well as contact information for the landlord or manager of the property.
  • Names of All Other Adult Occupants: The sublease agreement should include the names of all adult persons who will be residing in the unit.
  • Description/Site of Rental Unit: This section should include the complete address and description of the rental unit as it appears in the original (master) lease, as well as a list of items in the unit that are covered by the sublease agreement.
  • Sublease Agreement Term: This section defines the length of the sublease agreement: the precise start date and end date must be noted.
  • Amount of Rent/How Paid: This section includes the amount of rent to be charged, whether it will be paid by the week or by the month, the day the rent is due, how the rent will be delivered to the sublessor (e.g., by a mailed check), if there will be a fee for late payment or insufficient funds, and the amounts of those fees.
  • Utilities/Maintenance and Repair: This section delineates the specific utilities and maintenance/repair items that are the responsibility of the sublessor and those that are the obligations of the sublessee.
  • Damages/Liability: This section declares the sublessee's liability for damages to the sublessor, who is still responsible for any damages that affect the landlord under the original (master) lease.
  • Security Deposit/Pet Deposit (if any): This section states the amount of the security deposit under the sublease agreement and that it is given to the sublessor. An additional pet deposit may be charged, as can a deposit for any use of the rental unit that poses a risk to the property. In New Hampshire, the security deposit is limited to a maximum of one month's rent or $100, whichever amount is higher. The security deposit, less any lawful deductions, must be refunded within 30 days after the tenant/sublessee vacates.
  • Disputes: This section states the method(s), short of legal action, by which the sublessor and sublessee will resolve any disputes that arise.
  • Events of Default and Remedies: This section defines the actions on the part of the sublessee that will constitute a default or breach of the sublease agreement and the options available to the sublessor in those situations, including legal action.
  • Attorney's Fees: This section states that if there is a breach of the sublease agreement or legal action taken by either party, the party who secures a judgment can recover attorney's fees and court costs.
  • Disclosures: Applicable state law may require that certain disclosures be made to the sublessee in the sublease agreement, in addition to the federal Environmental Protection Agency (EPA) requirement to disclose the possible danger of lead-based paint if the structure was built prior to 1978. In New Hampshire, a written Lead-Based Paint Disclosure is required if the rental unit in question was constructed prior to 1978, informing the sublessee that the premises could contain lead-based paint.
  • Master Lease/Termination of Master Lease: This section states that the original (master) lease is incorporated in its entirety in the sublease agreement; all of the provisions and requirements/obligations in the master lease are deemed part of the sublease agreement. The master lease should be attached. This section also states that the sublease agreement will terminate simultaneously if the master lease is terminated.
  • Rules and Regulations: This section states the activities that are prohibited and/or regulated, including illegal activities, smoking, and pets.
  • Consent of Landlord: This section states the manner in which the landlord is giving consent to the sublease agreement, should the original (master) lease not include consent.
  • Governing Law: This section states that the sublease agreement is governed by New Hampshire state law, including all the provisions/requirements in the applicable state code sections.
  • Entire Agreement: This section states that the sublease agreement represents the complete agreement between the sublessor and sublessee; the sublease agreement may not be altered except by mutual agreement of the parties in writing.  
  • Dated Signatures: This section includes the dated signatures of the sublessor (and any co-sublessors), sublessee (and any co-sublessees), and the landlord, who hereby gives written consent to the sublease agreement.

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