If you are planning to rent a property in New Hampshire, it’s imperative that you have a rental agreement in place to protect your interests and ensure a smooth tenancy. A rental agreement is a legal document that lays out the terms and conditions of the rental agreement between the landlord and the tenant.
In New Hampshire, the law does not require a written rental agreement for a tenancy to be valid. However, having a written agreement is highly recommended as it’s easier to enforce if there are any disputes between the landlord and the tenant. A rental agreement can be either a month-to-month agreement or a lease agreement.
A month-to-month agreement is essentially a rolling contract that automatically renews at the end of each rental period until either the landlord or the tenant gives notice to terminate. The notice period for ending the tenancy depends on the length of the tenancy. For a month-to-month tenancy, the notice period is at least 30 days before the end of the current rental period.
A lease agreement, on the other hand, locks in the tenancy for a set period of time, usually 6 months or a year. During the lease term, the tenant is obligated to pay rent for the full duration of the lease, even if they decide to move out earlier. Breaking a lease agreement can result in financial penalties.
When drafting a rental agreement in New Hampshire, there are certain clauses that must be included. These include:
1. The names and contact information of the landlord and tenant
2. The rent amount and payment terms
3. The security deposit amount and the conditions for refund
4. The start and end dates of the tenancy
5. Any restrictions on the use of the rental property, such as no pets or no smoking
6. Maintenance and repair responsibilities of the landlord and tenant
It’s important to note that in New Hampshire, the security deposit cannot exceed one month’s rent. The landlord must also provide the tenant with a written receipt for the security deposit within 30 days of receiving it. At the end of the tenancy, the landlord must return the security deposit within 30 days, minus any deductions for unpaid rent or damages.
In conclusion, having a rental agreement in New Hampshire is essential for a smooth and hassle-free tenancy. It’s recommended to consult with an experienced lawyer to ensure that your rental agreement complies with all local and state laws. Whether you’re a landlord or a tenant, a well-drafted rental agreement can protect your interests and minimize potential disputes.