RESIDENTIAL LEASE AGREEMENT

(New Hampshire)

[// GUIDANCE: This template is drafted to comply with New Hampshire landlord-tenant law, including RSA 540 and RSA 540-A. All bracketed items must be customized before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title and Parties

This Residential Lease Agreement (“Lease”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
(a) [LANDLORD LEGAL NAME], a [STATE OF FORMATION] [TYPE OF ENTITY / INDIVIDUAL], having an address at [LANDLORD ADDRESS] (“Landlord”); and
(b) [TENANT FULL LEGAL NAME(S)] having an address at [TENANT ADDRESS] (“Tenant”).

1.2 Recitals

A. Landlord is the fee owner of the Premises (as defined below).
B. Tenant desires to lease the Premises from Landlord, and Landlord is willing to lease the same to Tenant, on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows.

1.3 Governing Law & Jurisdiction

This Lease shall be governed by the laws of the State of New Hampshire, including the New Hampshire Residential Landlord and Tenant Act, N.H. Rev. Stat. Ann. § 540–A:6 (security deposits) and all other applicable statutes and regulations (collectively, “State Landlord-Tenant Law”).

2. DEFINITIONS

For ease of reference, capitalized terms are defined alphabetically below. Terms defined in one Section have the same meaning throughout.

“Abandonment” – The vacating of the Premises without notice to Landlord for seven (7) consecutive days while rent is outstanding.
“Business Day” – Any day other than Saturday, Sunday, or a legal holiday in New Hampshire.
“Default Rate” – The lesser of (a) 8% per annum or (b) the maximum lawful rate.
“Forum Selection” – The state court having housing-related jurisdiction in the county where the Premises is located.
“Lease Term” – The period beginning on [COMMENCEMENT DATE] and ending on [EXPIRATION DATE], unless sooner terminated pursuant to this Lease.
“Premises” – The residential dwelling located at [STREET ADDRESS, CITY, ZIP] together with [garage, parking, storage, common areas, etc.].
“Rent” – The Monthly Rent plus any Additional Rent due under this Lease.
“Security Deposit” – The sum of $[AMOUNT NOT TO EXCEED ONE MONTH’S RENT] delivered by Tenant to Landlord pursuant to Section 3.4.

3. OPERATIVE PROVISIONS

3.1 Lease of Premises

Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord, upon the covenants and conditions set forth herein.

3.2 Lease Term

(a) Initial Term. The Lease Term is for [NUMBER] months, commencing on [COMMENCEMENT DATE] and expiring on [EXPIRATION DATE].
(b) Holdover. If Tenant remains in possession with Landlord’s consent after the Lease Term, tenancy shall convert to a month-to-month tenancy subject to all provisions herein, except Rent shall increase to [HOLDOVER RENT %]% of the Monthly Rent.
[// GUIDANCE: New Hampshire requires proper notice for non-renewal; include notice language if desired.]

3.3 Rent

(a) Monthly Rent. Tenant shall pay to Landlord monthly rent of $[MONTHLY RENT] (“Monthly Rent”) in advance on or before the first (1st) day of each calendar month, without set-off or deduction, at [PAYMENT ADDRESS] or as Landlord otherwise designates.
(b) Late Charge. If Monthly Rent is not received within five (5) calendar days after the due date, Tenant shall pay a late charge of $[LATE FEE] plus interest at the Default Rate.
(c) Form of Payment. Payments shall be made by [acceptable forms]. Cash is [accepted/not accepted] unless required by statute.

3.4 Security Deposit

(a) Amount; Compliance. Upon execution, Tenant shall deposit the Security Deposit with Landlord. The Security Deposit shall not exceed one (1) month’s Rent, in compliance with N.H. Rev. Stat. Ann. § 540-A:6.
(b) Holding & Interest. Landlord shall place the Security Deposit in a separate, interest-bearing account at a federally insured financial institution located in New Hampshire. Interest accruing after one year shall be paid or credited to Tenant annually, at the rate actually earned.
(c) Use; Non-Waiver. Landlord may apply the Security Deposit for unpaid Rent, damages beyond ordinary wear and tear, or other sums due. Application of the Security Deposit shall not waive Landlord’s right to pursue additional remedies.
(d) Return. Within thirty (30) days after Tenant’s vacating the Premises, Landlord shall return any remaining Security Deposit together with an itemized statement of deductions, mailed to Tenant’s last known address.
(e) Tenant Forwarding Address. Tenant shall provide a forwarding address in writing prior to vacating. Failure to do so may delay return of the Security Deposit.

3.5 Possession & Delivery

Landlord shall deliver exclusive possession of the Premises to Tenant on the Commencement Date in habitable condition, free of hazardous conditions and compliant with applicable building, housing, and health codes.

3.6 Use & Occupancy

(a) Permitted Use. Solely residential use for not more than [MAX OCCUPANTS] occupants. No commercial, unlawful, or nuisance activity is permitted.
(b) Guests. Guests staying more than [GUEST-DAYS] consecutive days or [TOTAL-DAYS] days in any 12-month period require Landlord’s written consent.
(c) Pets. [No pets / Pets permitted subject to pet addendum].

3.7 Habitability; Maintenance

(a) Landlord Obligations. Landlord shall:
(i) Maintain the Premises in a habitable condition, including adequate heat (minimum 65°F per New Hampshire health standards), potable water, and safe electrical service;
(ii) Comply with all applicable building, housing, and sanitary codes;
(iii) Make all necessary repairs not caused by Tenant’s negligence or misuse within a reasonable time after notice.
(b) Tenant Obligations. Tenant shall:
(i) Keep the Premises clean and sanitary;
(ii) Promptly notify Landlord of any required repairs;
(iii) Be responsible for damage caused by Tenant, Occupants, or guests beyond ordinary wear and tear.
[// GUIDANCE: Failure to maintain habitability may give rise to Tenant remedies under RSA 540-A.]

3.8 Utilities

Tenant shall pay for all utilities serving the Premises except [UTILITIES PAID BY LANDLORD]. Failure to maintain utility service constitutes a material default.

3.9 Alterations

Tenant shall not make alterations, improvements, or install fixtures without Landlord’s prior written consent. All approved alterations shall become Landlord’s property unless otherwise agreed.

3.10 Access & Inspection

Upon at least twenty-four (24) hours’ notice (or less in case of emergency), Landlord may enter the Premises to inspect, make repairs, supply services, or show the Premises to prospective purchasers, mortgagees, contractors, or future tenants.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord

(a) Authority. Landlord has full legal right, power, and authority to execute and perform this Lease.
(b) Condition. To Landlord’s knowledge, the Premises are free from lead-based paint hazards unless otherwise disclosed.
(c) No Violations. Landlord has not received written notice of any unremedied violation of building, housing, or health codes for the Premises.

4.2 Tenant

(a) Financial Capacity. Tenant has sufficient income or assets to perform all monetary obligations hereunder.
(b) Accuracy of Application. All information provided in Tenant’s rental application is true, complete, and accurate.

All representations and warranties shall survive delivery of possession for the Lease Term.

5. COVENANTS & RESTRICTIONS

5.1 Tenant Covenants

(a) Compliance. Tenant shall comply with all laws, ordinances, and regulations affecting the Premises and Tenant’s use thereof.
(b) Prohibited Activities. No illegal drugs, hazardous materials, or firearms shall be stored or used on the Premises except as permitted by law.
(c) Noise. Tenant shall not disturb other occupants’ quiet enjoyment.
(d) Insurance. Tenant is strongly encouraged to obtain renter’s insurance covering personal property and liability.

5.2 Landlord Covenants

Landlord shall not unreasonably withhold or delay any consent required under this Lease and shall perform all obligations in good faith.

5.3 Notice & Cure

Except as specifically provided, the party receiving notice of breach shall have ten (10) days to cure non-monetary defaults and five (5) days to cure monetary defaults before remedies may be exercised.

6. DEFAULT & REMEDIES

6.1 Tenant Defaults

(a) Failure to Pay Rent when due;
(b) Violation of Section 3.6 (Use & Occupancy) or Section 5.1 (Tenant Covenants);
(c) Abandonment of the Premises;
(d) Failure to vacate upon expiration or termination of the Lease Term.

6.2 Landlord Remedies

Upon Tenant default and following requisite statutory notice (e.g., 7-day demand for nonpayment), Landlord may exercise one or more of the following:
(i) Terminate the Lease and regain possession through eviction proceedings;
(ii) Accelerate all Rent due for the balance of the Lease Term;
(iii) Apply the Security Deposit toward amounts owed;
(iv) Seek injunctive relief, including eviction orders;
(v) Recover reasonable attorneys’ fees and costs, in each case as permitted by law.

6.3 Landlord Defaults & Tenant Remedies

If Landlord materially fails to perform and does not cure within a reasonable time after written notice, Tenant may:
(i) Terminate the Lease;
(ii) Seek damages as allowed by law;
(iii) Utilize statutory remedies (e.g., rent escrow) after compliance with statutory prerequisites.

7. RISK ALLOCATION

7.1 Indemnification by Tenant

Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from and against any claims, damages, liabilities, and expenses (including attorneys’ fees) arising from Tenant’s use or occupancy of the Premises, except to the extent arising from Landlord’s gross negligence or willful misconduct.

7.2 Limitation of Liability

Landlord’s liability for any and all claims under this Lease shall, to the fullest extent permitted by law, be limited to the amount of the Security Deposit then held by Landlord. Nothing herein limits liability for personal injury caused by Landlord’s negligence.

7.3 Insurance

Tenant shall maintain liability insurance in the minimum amount of $[POLICY LIMIT] per occurrence naming Landlord as additional insured [optional]. Landlord shall maintain property insurance on the building structure.

7.4 Force Majeure

Neither party shall be liable for failure to perform obligations (other than payment of Rent) due to causes beyond its reasonable control, including acts of God, governmental orders, or natural disasters.

8. DISPUTE RESOLUTION

8.1 Governing Law & Forum Selection

All disputes arising under this Lease shall be resolved exclusively in the state court possessing housing-related jurisdiction in the county where the Premises is situated (“Forum Selection”).

8.2 Jury Trial

Nothing herein shall be construed to waive any party’s constitutional right to a trial by jury.

8.3 Equitable Relief

Landlord’s right to seek equitable or injunctive relief—including eviction and possession of the Premises—shall be preserved and shall not be subject to any exhaustion of remedies requirement.

9. GENERAL PROVISIONS

9.1 Notices

All notices shall be in writing and deemed given (a) upon personal delivery, (b) three (3) days after mailing by certified mail, return receipt requested, or (c) one (1) Business Day after deposit with a nationally recognized overnight courier, addressed to the receiving party at its address stated above (or as later designated).

9.2 Assignment & Subletting

Tenant shall not assign this Lease or sublet any portion of the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion.

9.3 Amendments & Waivers

No amendment or waiver shall be effective unless in a written instrument signed by both parties. Waiver of any breach shall not constitute waiver of any subsequent breach.

9.4 Severability

If any provision of this Lease is held invalid or unenforceable, the remainder shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to render it enforceable.

9.5 Entire Agreement

This Lease, together with any addenda or exhibits, constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, or agreements.

9.6 Successors & Assigns

This Lease shall bind and inure to the benefit of the parties and their respective heirs, legal representatives, successors, and permitted assigns.

9.7 Counterparts; Electronic Signatures

This Lease may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures transmitted electronically or by facsimile shall be deemed original signatures for all purposes.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Lease as of the Effective Date.

LANDLORD:

[PRINTED NAME & TITLE]
Date: _______

TENANT(S):
1. ____
[PRINTED NAME]
Date: _______

2. ---

   
   [PRINTED NAME]
   Date: _______

[ADD NOTARY ACKNOWLEDGMENT IF REQUIRED]

[// GUIDANCE:
1. Attach mandatory lead-based paint disclosures for pre-1978 housing.
2. Insert any local ordinances (e.g., trash collection schedules) as an exhibit.
3. Ensure compliance with fair housing laws when advertising or selecting tenants.]