Breaking a lease in New Hampshire

If you are the tenant

• A tenant at will or month to month may end the tenancy with 30 days' written notice. If the end date is not a rent due date, the tenant owes rent for the whole month in which the notice expires, up to the next rent due date, unless the lease says otherwise (RSA 540:11).

If the landlord ends it

• A landlord must give a written eviction notice; 30 days' notice is sufficient for all residential tenancies (7 days for nonpayment, substantial damage, safety threats). Landlords of 'restricted property' (most rentals) may end a tenancy only for a reason listed in RSA 540:2, II, which includes 'other good cause' such as a legitimate business reason (RSA 540:2, 540:3).

Written notice required: Yes. A lessee ends a lease by notice in writing, in the same manner as the lessor (RSA 540:11, I).

No New Hampshire statute or official guide found that states the tenant's liability when leaving a fixed-term lease early, other than the statutory early-termination rights below.

Landlord's duty to re-rent: Unsettled. No New Hampshire statute, court self-help page or legal-aid page was found stating whether a residential landlord must try to re-rent; left unsettled.

Lease-break fees: No statutory limit on lease-break fees found.

• Domestic violence, sexual assault or stalking (RSA 540:11-b)

  A victim of domestic violence, sexual assault or stalking may end the lease and must vacate within 30 days of giving notice (or another agreed time).

  Notice:

  30 days, in writing

  Proof:

  Protective order; proof of starting a protective-order case; a police report; written verification from law enforcement, a victim's advocate, attorney or health care provider; or the circuit court self-certification form. The abuse (or a new fear-causing event) must be within the last 150 days.

  What you still owe:

  Rent only through the termination date or the date the tenant actually vacates, whichever is later; the deposit stays applied until all tenants leave.

• Military service (state law) (RSA 540:11-a)

  Reservists or National Guard members called to active duty, and active-duty members reassigned out of state, may end a lease or rental agreement.

  Proof:

  Written notice per SCRA section 305, given within 7 days of receiving notice of the call-up or reassignment.

  What you still owe:

  As under the SCRA notice rules.

Military orders, every state: the federal SCRA lets servicemembers with orders (permanent change of station or deployment of 90+ days) end a lease with written notice and a copy of the orders. How the SCRA date is counted.

• Since Jan. 1, 2025, a landlord may end a lease of 12+ months at its expiration with 60 days' written notice and a possessory action filed within 6 months (RSA 540:2, II(i)).
• Unless a different contract is shown, every tenancy is deemed at will with rent payable on demand (RSA 540:1).
• Tenants cannot waive their rights under RSA 540 (540:28).

• Write a New Hampshire notice to vacate
• New Hampshire security deposit law: getting your deposit back after you move

• RSA 540:1 Retrieved October 13, 2026.
• RSA 540:1-a Retrieved October 13, 2026.
• RSA 540:2 Retrieved October 13, 2026.
• RSA 540:3 Retrieved October 13, 2026.
• RSA 540:11 Retrieved October 13, 2026.
• RSA 540:11-a Retrieved October 13, 2026.
• RSA 540:11-b Retrieved October 13, 2026.
• RSA 540:28 Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; see our methodology.