What fees must be disclosed before signing a lease?
This rental guidance was reviewed by the Tenants & Landlords Intelligence Team, specializing in lease agreements, notices, rent disputes, deposits, evictions, and tenant-landlord operational procedures.
Understanding Required Disclosures of Rent and Fees for Tenants in New Hampshire
When renting a property in New Hampshire, it is important for tenants to understand the fees that must be disclosed by landlords before signing a lease. The state imposes specific requirements to ensure transparency regarding rental costs and any associated fees, helping tenants make informed decisions.
Key Fees Landlords Must Disclose in New Hampshire
Before you sign a lease agreement in New Hampshire, your landlord is legally obligated to disclose any fees that you are expected to pay. These disclosures help prevent surprises and protect tenants from hidden costs. Here are the main fees that must be clearly communicated:
1. Rent Amount and Payment Terms
- Rent amount: The monthly rent must be plainly stated in the lease agreement.
- Due date: The specific day when rent is due each month.
- Late fees: If applicable, landlords must disclose late payment fees, including the amount or method of calculation and when they begin to apply.
2. Security Deposits
- Amount and purpose: The landlord must disclose the exact amount of the security deposit, typically not exceeding one month’s rent.
- Conditions for withholding: The landlord must explain under what conditions the deposit can be withheld (e.g., damages beyond normal wear and tear).
- Return procedure: New Hampshire law requires landlords to return the security deposit within 30 days of lease termination, along with an itemized list of deductions if applicable.
3. Non-Refundable Fees
- Some landlords charge non-refundable fees such as:
- These fees must be clearly disclosed before signing and should be outlined in writing. It is important to verify whether a fee is refundable or non-refundable.
4. Utility Fees and Charges
- Utilities included in rent: What utilities, if any, are covered by the rent.
- Tenant responsibility: Utilities or services the tenant will be responsible for paying directly or reimbursing the landlord.
- Additional fees: For example, fees related to water, trash removal, or parking may need disclosure.
5. Pet Fees and Deposits
- If pets are allowed, landlords must disclose any additional pet-related fees or deposits, including:
How New Hampshire Protects Tenants with Disclosure Requirements
New Hampshire’s landlord-tenant laws aim to promote fairness and transparency in rental agreements. By requiring landlords to fully disclose all fees before lease signing, tenants can better compare rental options and avoid unlawful charges.
- Written lease requirement: While not all rental agreements must be in writing by law, it is strongly recommended that lease terms, including fees, be detailed in a written document for legal clarity.
- Disclosure before signing: All fee disclosures must happen before tenants commit to the lease to ensure informed consent.
- Limitations on fees: New Hampshire law restricts excessive fees or hidden charges and allows tenants to contest unfair or undisclosed fees.
Practical Tips for Tenants Reviewing Fees Before Signing a Lease
To protect your rights and finances when renting in New Hampshire, consider the following:
- Request a detailed list of all fees and deposits before signing.
- Clarify ambiguous fees such as “administrative fees” or “processing fees.”
- Verify late payment policies and any associated fees so you understand potential penalties.
- Ask about pet policies and fees upfront if you have or plan to get pets.
- Get everything in writing, including verbal promises about fees or rent concessions.
- Know your rights to a security deposit refund and conditions for its withholding.
- Compare the total cost of renting among different properties by factoring in all fees disclosed.
Conclusion
In New Hampshire, landlords must clearly disclose all fees and rent-related charges to tenants before they sign a lease agreement. This includes the rent amount, security deposits, non-refundable fees, utility arrangements, and pet fees. Understanding and verifying these disclosures upfront allows tenants to avoid unexpected expenses and promotes a fair rental experience.
If you suspect your landlord has failed to properly disclose fees or is charging unlawful amounts, you may seek assistance through local tenant resource organizations or legal channels. Staying informed about your rights regarding rent and fees can help you secure a rental home with confidence in New Hampshire.