New Hampshire Room Rental Agreement

Legal Aspects

A New Hampshire room rental agreement derives its legal framework from state statutes, notably the New Hampshire Landlord Tenant Act and relevant local ordinances. As such, it’s a legally binding document that can also be used for dispute resolution. In it, you’ll find clauses such as:

Access to the Room

• Right to entry: Landlords in New Hampshire must obtain consent from tenants before entering rental units, except for emergencies.

• Emergency access: Emergency entry is allowed to evaluate or remediate infestations of insects like bed bugs or rodents. The landlord must act within 72 hours of receiving notice of an infestation.

• Unreasonable denial of access: Tenants can’t unreasonably refuse the landlord access to make necessary repairs or conduct lawful property management duties. Tenants can’t refuse entry to evaluate potential bed bug infestations after the landlord receives notice of bugs in an adjacent unit. The landlord must give 48 hours written notice to enter.

• Written notice: Tenants must comply with reasonable written instructions to prepare the unit for insect or rodent remediation. At least 72 hours’ notice must be given. The landlord can only enter without consent for emergency repairs or with a court order.

Guest & Pets Policy

• Landlords’ discretion on guests: New Hampshire law allows landlords to set a guest policy. Landlords can limit stays, require notice/registration, and ban problematic guests. However, tenants can have visitors for reasonable periods without arbitrary bans. Landlords can act if guests violate rules. State occupancy laws also apply.

• Tenants’ rights to visitors: Tenants must follow agreed-upon guest policies. However, they retain rights to visitors, and oversight of rules should be reasonable. Tenants must properly supervise guests to avoid issues.

• Pets policy: Landlords can prohibit pets or restrict the type, size, and number of pets allowed.

• Pet deposits and fees: Pet deposits and fees are capped. Service animals are exempt from pet restrictions. Tenants are responsible for pet damages.

Security Deposit Regulations

• Maximum limit: New Hampshire law limits security deposits to one (1) month’s rent or $100, whichever is greater. Deposits remain tenant property held in trust.

• Held separately: Landlords must provide receipts showing where deposits are held and allow tenants five (5) days to document pre-existing damages. Deposits can’t be mixed with landlord funds.

• Interest on deposit: Tenants must be paid interest earned annually if deposited over one (1) year. Deposits are transferred to new owners in sales or foreclosures.

• Refund of security deposit:Within 30 days after the tenancy ends, landlords must return deposits in full or with itemized deductions for unpaid rent or tenant-caused damages, with repair proof. Normal wear and tear cannot be deducted.

• Written move-out notice:Tenants should carefully document conditions at move-in and move-out to dispute improper deductions. Written notice of forwarding addresses helps ensure deposit return.

• Legal redress: If deposits are wrongfully withheld, tenants can sue in small claims court within 30 days of tenancy end. Penalties against landlords can include double damages.