New Hampshire Real Estate Laws
The New Hampshire landlord and tenant act governs residential lease agreements. New Hampshire courts uphold both oral and written lease agreements, but all lease agreement notice requirements must be in writing. New Hampshire's landlord and tenant law requires that landlords provide their tenants with safe and clean housing. Tenants have a right to live in habitable housing with properly working heat, plumbing and electrical systems.
Security Deposits
Landlords may collect an upfront security deposit to cover damages beyond reasonable wear and tear after their tenants move out. Generally, they cannot collect more than one month's rent as an upfront deposit and must provide their tenants with signed receipts after collecting their deposits. Under New Hampshire law, landlords may not commingle their tenants' security deposits with their personal funds and must maintain security deposits in at least one separate trust account. Landlords who hold deposits for longer than one year must keep them in interest-earning accounts, and every three years, tenants can request interest payouts. Tenants must request their pay-outs by their three-year tenancy anniversary, and landlords must pay within15 days. Landlords must return deposits, minus damage charges, within one month of move-out, providing a written itemization of all deductions.
Withholding Rent
Tenants have self-help rent deduction remedies against landlords who fail to provide necessary repairs. Under New Hampshire law, after providing landlords with written notice of the defect and allowing them to remedy defects within 14 days, tenants can withhold rent. Tenants can use this self-help remedy if they're not behind in rent, they did not cause the defects, and adverse weather conditions did not prevent their landlords from repairing their property.
Eviction
To evict their tenants, landlords must provide them with written notice and opportunity to leave or cure. Landlords must provide them with a written eviction notice or notice to quit that summarizes their reasons for eviction. Tenants have seven days to fix their violations of the lease agreement or pay rent that is due and owing. For all other evictions, tenants need at least 30 days of prior notice to leave. For nonpayment of rent, landlords must serve a demand for rent in addition to the eviction notice. Tenants will have a legal right to cure their delinquency by paying all owed rental fees plus an additional $15. New Hampshire allows tenants to cure their delinquencies only three times in a one-year period.
Writ of Possession
Landlords can file a writ of possession against their tenants who do not leave within their notice period. They cannot order eviction without first providing notice and filing a writ of possession in court. After obtaining a judgment against their holdover tenants, landlords can request a forced judicial eviction by the sheriff's office. Landlords in New Hampshire have a legal bailment duty. The legal duty requires them to safely keep any remaining personal property without charge for 28 days. After 28 days, landlords can dispose or sell their tenants' abandoned or lost property without notice.
Considerations
Since real estate laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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