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Breaking a lease in New Hampshire
Checked against the New Hampshire statutes on September 24, 2026 General information, not legal advice
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Ending a lease early
A tenant may end a lease early when called to active duty from the reserves or National Guard, or when reassigned out of state while on active duty, by written notice within 7 days of receiving the orders. A tenant may also end a lease when the tenant or a household member was a victim of domestic violence, sexual assault or stalking within the last 150 days and gives written verification.
- Verification may be a protective order, legal action to get one, a police report, a statement from a law enforcement official, victim's advocate, attorney or health care provider, or the circuit court's signed self-certification form. Keep it confidential. RSA 540:11-b, I(c) RSA 540:11-b, II
- The victim tenant moves out within 30 days of the notice, or as agreed, and owes rent only through the termination date or the move-out date, whichever is later. RSA 540:11-b, III RSA 540:11-b, IV
- The military notice follows the federal Servicemembers Civil Relief Act. RSA 540:11-a, III
- For restricted property, the end of a lease of 12 months or longer, counting renewals, is a ground for eviction only if you gave written nonrenewal notice at least 60 days before the term ends and file within 6 months after it expires. RSA 540:2, II(i) See Eviction process on the New Hampshire page
The lease states the military termination right with the 7-day notice and the victim termination right with its 30-day move-out and rent limit.
Ending a month-to-month tenancy
A landlord ends any residential tenancy with a written eviction notice that states the reason with specificity and gives 30 days, or 7 days for nonpayment and certain other grounds. For restricted property, which is most residential rentals, the reason must be one the statute lists, though other good cause includes any legitimate business or economic reason. The owner of nonrestricted property may end a tenancy without one of the listed reasons.
RSA 540:2, I RSA 540:2, II RSA 540:2, V RSA 540:3, II
- Nonrestricted residential property is a single-family house whose owner owns no more than three single-family houses, a unit in an owner-occupied building of four units or fewer, or a single-family house a lender took through foreclosure. RSA 540:1-a, I RSA 540:1-a, II
- A tenant ends a month-to-month tenancy with 30 days' notice. If the notice does not end on a rent due date, the tenant owes rent through the next rent due date unless the lease says otherwise. RSA 540:11, II
- Without a different agreement, every tenancy is at will. RSA 540:1
- Shared housing where the occupant shares a kitchen or bathroom with the owner follows a separate chapter: 30 days' written notice without a reason, 7 days for nonpayment, and 72 hours for damage, dangerous behavior or a material breach. RSA 540-B:1 RSA 540-B:3
The lease says the landlord ends the tenancy only by a written eviction notice stating the reason, explains restricted property and the listed grounds, and says the tenant ends a month-to-month tenancy with 30 days' written notice.
Questions
Can I end a tenancy without a reason in New Hampshire?
Only for nonrestricted property: a single-family house when you own no more than three, a unit in your own owner-occupied building of four units or fewer, or a foreclosed single-family house held by a lender. For other residential property you need a listed reason, though other good cause includes a legitimate business or economic reason.
Can a lease simply end at its expiration date?
From July 1, 2026, the end of a lease running 12 months or longer, counting renewals, is a ground for eviction if you gave written notice of nonrenewal at least 60 days before the term ends and file within 6 months after it expires.