New Hampshire Apartment Lease Agreement
A New Hampshire Apartment Lease Agreement is a binding document between a property owner and a renter. This contract delineates the rental cost and the obligations of both parties. Typically, a landlord will check the prospective tenant's credit history and income as part of the approval process. This ensures that the tenant has the financial capability to fulfill the agreement terms.
You can use our New Hampshire Apartment Lease Agreement template to adhere to state laws.
Legal Aspects
This New Hampshire Apartment Lease Agreementoutlines crucial elements such as the amount of rent, the length, responsibilities for maintenance, and guidelines for using the property over a specified period. These details are particularly pertinent to the legal aspects of an apartment lease agreement in New Hampshire. It ensures both parties know their obligations and rights during the term.
Security Deposit
New Hampshire has established specific rules regarding security deposits to safeguard the interests of both landlords and tenants. Here are the main aspects of the state’s security deposit regulations:
- Maximum Deposit Amount: A landlord can request a security deposit of no more than one (1) month’s rent.
- Paying Interest: The landlord is obliged to collect and pay interest on the security deposit to the tenant, with an interest rate that matches a regular savings account in the state bank.
- Security Deposit Receipt: If the tenant pays the security deposit in any other form than a check, then the landlord must provide a written receipt to the tenant.
- Deadline for Return: The landlord must return the security deposit within 30 days after the lease ends or 20 days if the landlord is sharing the property with the tenant unless otherwise stated in the written agreement.
- Itemized List of Deductions: If there are any deductions from the security deposit, the landlord must provide an itemized list within 30 days.
- Interest Accrual: The agreement doesn’t require the interest accrual on the security deposit unless stated explicitly in the New Hampshire Apartment Lease Agreement.
Entry and Access
In New Hampshire, the law permits landlords to access the apartment for valid reasons connected to the lease, such as maintenance or property showings. Here are the key points:
- Access to Property: Landlords can enter the property for legitimate reasons related to the tenancy. However, they must provide “reasonable” advance notice unless it’s an emergency. This is typically understood to be a period of 24 to 48 hours.
- Repair Obligations: If a tenant sends a written notice about necessary repairs, landlords in New Hampshire are legally obligated to address these issues within a 14-day timeframe.
Pets Policy
As per the laws in New Hampshire, property owners have the right to ask for a pet deposit, except for service dogs and emotional support animals.
However, it’s essential to note that the total security deposit, which includes any pet deposit, should not exceed one (1) month’s rent. Landlords cannot charge additional fees by labeling it as “pet deposit” or “damage deposit” to surpass this limit. Even with these restrictions, landlords can still include a monthly pet fee in the New Hampshire Apartment Lease Agreement.
Disclosures
Here are the key points you must include in the agreement:
- Move-In Checklist: Upon moving in, the landlord must notify the tenant of their responsibility to report any existing issues with the property. The tenant has a five (5) day window to provide the landlord with a list of necessary repairs, ensuring they won’t be held accountable for these issues at the end of the lease.
- Lead-Based Paint: For properties built before 1978, an additional information packet is required. This packet must be confirmed as received by the tenant when the contract is signed.
- Manufacturing of Methamphetamines on Premises: If a property has been used to produce Methamphetamines and the owner is aware of this history, it’s mandatory to disclose this fact to potential tenants.
- Security Deposit Holding Disclosure: Landlords that accept a security deposit that is not in the form of a check must provide the tenant with the information of the deposit. This information includes the account number and the location where the deposit in held.
Furthermore, there are other disclosures you should consider including, such as:
- Asbestos
- Mold Disclosure
- Bed Bug Disclosure
- Late/Returned Check Fees and Non-Refundable Fees
- Landlord’s Contact Details
- Medical Marijuana
- Smoking Policy
- Disclosure for Shared Utilities