What notices are landlords required to provide tenants?

Required Notices Landlords Must Provide Tenants in New Hampshire

As a landlord operating in New Hampshire, it is crucial to understand the legal requirements regarding notices to tenants. These notices ensure proper communication, compliance with state laws, and help maintain a positive landlord-tenant relationship. Below is an overview of the key notices that New Hampshire landlords are required to provide tenants throughout the tenancy.

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1. Written Notice of Security Deposit Terms

Under New Hampshire law (RSA 540-A), landlords must provide tenants with detailed information regarding the security deposit:

• Timing: The security deposit agreement must be included in the rental agreement or given in writing at the time of the deposit.
• Content: The notice should specify:

- The amount of the security deposit. - The location and type of account where the deposit is held. - The conditions under which the deposit may be withheld. - The timeframe within which the deposit will be returned after the tenancy ends (generally within 30 days). - Instructions on how any deductions will be itemized in writing to the tenant.

Providing this information helps avoid disputes related to security deposits and is mandated by New Hampshire law.

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2. Notice of Entry

Landlords in New Hampshire must respect tenants’ right to privacy, even though the law does not specify exact notice requirements for entry; the standard practice is to provide reasonable advance notice before entering the rental unit.

• Why: Landlords may need to enter for inspections, repairs, or other legitimate reasons.
• Recommended Notice Period: At least 24 hours’ notice is considered reasonable.
• Notice Content: The purpose, date, and approximate time of entry should be communicated.
• Emergency Exception: In emergency situations (e.g., fire, flooding), landlords may enter without prior notice.

Providing advance notice helps promote trust and complies with implied obligations under New Hampshire landlord-tenant laws.

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3. Notice Prior to Rent Increase

New Hampshire does not have a specific statewide statutory requirement mandating how far in advance landlords must notify tenants about rent increases for month-to-month tenancies, but certain general principles apply:

• Lease Term: For tenants under a fixed-term lease, rent increases typically cannot occur until the lease expires unless the lease itself allows it.
• Month-to-Month Tenancies: Landlords must provide written notice at least 30 days before the rent increase takes effect. This is based on the standard 30-day notice requirement to terminate or modify the tenancy.

Delivering timely and clear written notices about rent increases helps ensure compliance and allows tenants to prepare or negotiate accordingly.

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4. Notice of Lease Termination or Non-Renewal

Proper notice must be given when ending a tenancy:

• For Month-to-Month Tenancies:

- Either party must give at least 30 days’ written notice before termination. - Notice must be given prior to the rent due date for the upcoming rental period.

• For Leases with a Fixed Term:

- Notice requirements are generally governed by the lease agreement. - Unless the lease states otherwise, tenants cannot be terminated during the term except for cause.

• Eviction Notices (For Cause):

- For non-payment of rent or lease violations, landlords must provide specific notices according to RSA 540. - The common notice for non-payment is a 3-day notice to pay rent or quit. - For lease violations other than non-payment, tenants typically receive a 7-day notice to cure or quit.

Adhering to these notice requirements is necessary before proceeding with any legal eviction actions.

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5. Lead Paint Disclosure for Pre-1978 Properties

Under federal law, landlords renting properties built before 1978 must provide tenants with lead paint hazard information and disclosure forms.

• Content: Information about the dangers of lead paint, any known lead-based paint hazards in the unit, and the federal pamphlet "Protect Your Family from Lead in Your Home."
• Timing: This must be provided before the lease is signed.
• While this is a federal requirement, New Hampshire landlords must comply when applicable as part of the legal notice obligations.

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6. Notice of Mold-Related Issues

Although New Hampshire does not have a specific mandated notice related to mold, landlords are responsible for maintaining habitable premises under the warranty of habitability.

• If mold contamination is discovered, landlords should promptly notify tenants regarding the presence and remediation plan.
• It is considered best practice to provide written communication about mold-related issues to keep tenants informed and comply with habitability standards.

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7. Notice of Utility Charges (If Applicable)

If the landlord bills tenants separately for utilities, New Hampshire law requires clear disclosure:

• Billing Statements: Landlords must provide clear, timely statements of any charges for utilities or services.
• Disclosure at Lease Signing: Any arrangements regarding utility payments must be detailed in writing in the rental agreement.

Clear notice regarding utility charges reduces disputes and fosters transparency.

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Summary Table of Required Notices in New Hampshire

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Conclusion

Understanding and adhering to New Hampshire’s notice requirements is essential for landlords aiming to comply with legal obligations and build respectful tenant relationships. Providing timely, clear, and written notices helps avoid disputes, facilitates smooth tenancy management, and fosters good communication.

For the most up-to-date information or specific circumstances—such as eviction filings or lease disputes—landlords should consult the New Hampshire Revised Statutes Annotated (RSA) Chapters 540 and 540-A, or seek advice from a qualified attorney knowledgeable in New Hampshire landlord-tenant law.