N.H. Rev. Stat. Ann. § 540: § 540:1-a

Definitions.

In Force
Verified 10/20/2026 · Next check 10/27/2026
effective 10/20/2026New HampshireLease Requirements

Operative Text

N.H. Rev. Stat. Ann. § 540: § 540:1-a
In this chapter:
I. "Nonrestricted property" means all real property rented for nonresidential purposes and the following real property rented for residential purposes:
(a) Single-family houses, if the owner of such a house does not own more than 3 single-family houses at any one time.
(b) Rental units in an owner-occupied building containing a total of 4 dwelling units or fewer.
(c) [Repealed.]
(d) Single-family houses acquired by banks or other mortgagees through foreclosure.
II. "Restricted property" means all real property rented for residential purposes, except those properties listed in paragraph I.
III. "Rental unit" means a suite of one or more rooms located within a single building rented by the owner to one or more individuals living in common for nontransient residential purposes.
IV. The term "tenant" or "tenancy" shall not include occupants or occupancy in the following places and the provisions of this chapter shall not apply to:
(a) Rooms in rooming or boarding houses which are rented to transient guests for fewer than 90 consecutive days. For purposes of this subparagraph, if the owner of the facility directs the occupant to move from one room to another in the same rooming or boarding house, or directs the occupant to move from one of the owner's rooming or boarding houses to another, the 90-day period for computing consecutive days of occupancy shall not be broken. Consecutive days of occupancy shall not include a voluntary move from one room to another if the move was made at the request of the occupant after the occupant has been notified of the exemption from tenancy under this subparagraph. Such request shall be in writing and shall include the following statement:
"I request a move from ________________ to _______________ . I have received a copy of RSA 540:1-a, IV(a) and understand that any time I spent in the first room shall not apply toward the 90 consecutive days of occupancy required for tenancy under RSA 540."
(b) Rooms in hotels, motels, inns, tourist homes and other dwellings rented for recreational or vacation use.
(c) Rooms in student dormitories, nursing homes, hospitals and any other facilities licensed under RSA 151 or certified under RSA 126-A, convents, monasteries, asylums, or group homes.
(d) A single-family home in which the occupant has no lease, which is the primary and usual residence of the owner.
(e) Residential real estate under RSA 540-B.
(f) Vacation or recreational rental units under RSA 540-C.
(g) Residential units leased by a member of a fraternal or social organization that provides student housing for a postsecondary institution in a structure owned and operated by the fraternal or social organization.
(h) Occupancies in which the occupant is hired to provide care or assistance for a person with disabilities. In such cases, if the person with disabilities or his or her legal guardian no longer wishes the assistance of the caregiver, he or she may order the caregiver to vacate the premises without legal process required as a tenant under this chapter, provided:
(1) There is a written agreement specifying that care or assistance authorizes summary ejection of the caregiver; and
(2) The caregiver is given written notice directing him or her to vacate the premises in not less than 72 hours; and
(3) If the agreement between the parties provides for compensation for the care provider beyond free housing, prior to the time the caregiver vacates the premises, the person with disabilities or the legal guardian pays the caregiver any money due under the agreement for services rendered.
Source: Legislative text reproduced verbatim
Plain English

N.H. Rev. Stat. Ann. § 540:1-a establishes the foundational definitions that govern how New Hampshire's eviction and tenancy statutes apply to different types of rental arrangements. The provision draws a key distinction between 'restricted property,' which receives the full protections of RSA 540, and 'nonrestricted property,' which includes certain small-scale owner-occupied buildings and single-family homes owned in limited numbers. It also carves out a range of living situations—such as short-term hotel stays, dormitories, licensed care facilities, and caregiver occupancies—that are explicitly excluded from the definition of 'tenant' or 'tenancy' under this chapter.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 20, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating in New Hampshire should understand that § 540:1-a determines whether a given rental arrangement falls under the full scope of RSA 540's tenant protections or qualifies as 'nonrestricted property.' Operators of small portfolios—such as those owning no more than three single-family houses or renting units in an owner-occupied building with four or fewer dwelling units—may find their properties classified as nonrestricted. Landlords who house caregivers for persons with disabilities, or who operate rooming houses with short-term guests, should pay close attention to the specific written-agreement and notice requirements outlined in § 540:1-a to ensure their arrangements are properly documented.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under § 540:1-a, whether a person qualifies as a 'tenant' with full RSA 540 protections depends heavily on the type of property and the nature of the occupancy arrangement. Individuals living in rooming houses, small owner-occupied buildings, or arrangements involving caregiving roles may find that their situation falls into one of the statute's exclusions, potentially limiting the procedural protections available to them. Those uncertain about whether their living arrangement qualifies as a 'tenancy' under this provision may benefit from contacting a local tenant-rights organization or legal aid office for general information about how § 540:1-a has been interpreted.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 20, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 20, 2026
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References Out

Rules and statutes cited by this regulation

N.H. Rev. Stat. Ann. § 151
Not yet ingested
N.H. Rev. Stat. Ann. § 126-A
Not yet ingested

References In

Rules and statutes that cite this regulation

N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:14
N.H. Rev. Stat. Ann. § 540:4
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:5
N.H. Rev. Stat. Ann. § 540:13-d
N.H. Rev. Stat. Ann. § 540:13-a
N.H. Rev. Stat. Ann. § 540:1-b
N.H. Rev. Stat. Ann. § 540:3
N.H. Rev. Stat. Ann. § 540:11-b
N.H. Rev. Stat. Ann. § 540:13-a
N.H. Rev. Stat. Ann. § 540:5
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:1-a
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:20
N.H. Rev. Stat. Ann. § 540:13-a
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:1-a
N.H. Rev. Stat. Ann. § 540:5
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:14
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:9
N.H. Rev. Stat. Ann. § 540
N.H. Rev. Stat. Ann. § 540:2
N.H. Rev. Stat. Ann. § 540:3
N.H. Rev. Stat. Ann. § 540

Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

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