Breaking a Lease Early in New Hampshire: What Are My Options?

How to leave

1. 1

   To end a month-to-month rental (one that renews each month), send your landlord notice at least 30 days before you leave. Say your notice ends on a day that is not a rent due date. Then you owe rent up to the next rent due date, unless your lease says otherwise. Example: rent is $1,000, due on the 1st, and your notice ends June 15. Your landlord can claim about $1,000, the rent for June.

   Sources:

   1. Our editorial rules.
   2. RSA 540:11, II, New Hampshire General Court. Law.
   Tip.

   Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

   Tip.

   This is only an example to show how the rule works. If it goes to court, a court decides the real amount.

   Tip.

   Read your lease before you decide. Check whether it lets you end it early and what penalty you must pay.

   Tip.

   Write down each problem, every time you contacted your landlord, and the day you moved out.

After you move out

2. 2

   The law gives your landlord 30 days after your rental ends to return your deposit and any interest. Your landlord can subtract unpaid rent and other unpaid lease charges. It can subtract a real estate tax increase your lease makes you pay. It can subtract repair costs for damage beyond normal wear and tear (normal use over time). It must send an itemized (item by item) list of each claim and the period it covers.

   Source:

   1. RSA 540-A:7, II, New Hampshire General Court. Law.
   Tip.

   Before you leave, clean the home and take photos of how you left it.

3. 3

   Give your landlord your new address when your rental ends. If you do not, your landlord is not at fault and loses no rights if the deposit comes late. The law gives you 6 months after your rental ends to claim your deposit and interest. After that they become your landlord's, unless there is fraud.

   Source:

   1. RSA 540-A:8, II, New Hampshire General Court. Law.
4. 4

   If your landlord does not follow the deposit return rules, your landlord owes you twice the deposit plus any interest due. Your landlord can subtract payments made and charges owing for damage, unpaid rent or a share of real estate taxes. Example: with a $1,000 deposit, no interest and no charges owing, your landlord owes $2,000. You get this money only if you win your case and your landlord pays.

   Sources:

   1. Our editorial rules.
   2. RSA 540-A:8, I, New Hampshire General Court. Law.
   Tip.

   This is only an example to show how the rule works. If it goes to court, a court decides the real amount.

5. 5

   The deposit return rules do not cover a person who rents out one single-family home and owns no other rental property. They also do not cover an owner-occupied building of 5 units or less, except a unit where someone 60 years of age or older lives.

   Source:

   1. RSA 540-A:5, I, New Hampshire General Court. Law.
6. 6

   If your landlord says you owe more, a debt collector may call or write to you. The collector must tell you how much, who it is for and how to say it is wrong. You have 30 days after you get that notice to write back and say so. Then the collector must stop trying to get that money until it answers you.

   Sources:

   1. Our editorial rules.
   2. What information does a debt collector have to give me, Consumer Financial Protection Bureau. A government guide.
   3. What should I do when a debt collector contacts me, Consumer Financial Protection Bureau. A government guide.
7. 7

   Your landlord can take money from your pay or benefits only after winning in court. The court must issue a judgment (the court's final decision) that you owe the debt. If you are sued, do not ignore it. You can lose the case if you do not go to court.

   Sources:

   1. Our editorial rules.
   2. Can a debt collector take or garnish my wages, Consumer Financial Protection Bureau. A government guide.
   Tip.

   If you get court papers, do not ignore them. Go to court, or you can lose the case.

   From Consumer Financial Protection Bureau.

Special protections

8. 8

   You can end your lease early if you are called to active duty in the armed services reserve or the national guard. You can also end it if you are on active duty and sent to a new post out of the state. Give your landlord written notice within 7 days after you get word of the call or the move. The Servicemembers Civil Relief Act sets how the notice is written.

   Source:

   1. RSA 540:11-a, I, New Hampshire General Court. Law.
9. 9

   You can end your lease early if you or someone you live with was a victim of domestic violence, sexual assault, or stalking. The law gives you 150 days after it happened to end your lease. A new event in that time also counts if it makes you fear for your safety.

   Source:

   1. RSA 540:11-b, I, New Hampshire General Court. Law.
10. 10

    To end your lease for domestic violence, sexual assault, or stalking, give your landlord written proof. Proof can be a court order that keeps you safe. It can be a note from an advocate, a lawyer or a health care provider. It can be a form the court signed. Move out within 30 days after you give notice, or at a time you and your landlord agree on.

    Source:

    1. RSA 540:11-b, I, New Hampshire General Court. Law.
11. 11

    If you end your lease for abuse, you owe rent only up to the date your lease ends or the date you move out. The later date counts. That holds if you are the only tenant or share the lease. Your deposit stays applied to the rental until all tenants move out. Then it is returned under the deposit return rules.

    Source:

    1. RSA 540:11-b, IV, New Hampshire General Court. Law.