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Rent Regulations

N.H. Rev. Stat. Ann. § 540-A: § 540-A:1

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-A: § 540-A:1
As used in this subdivision:
I. "Landlord" means an owner, lessor or agent thereof who rents or leases residential premises including manufactured housing or space in a manufactured housing park to another person.
II. "Tenant" means a person to whom a landlord rents or leases residential premises, including manufactured housing or a space in a manufactured housing park.
(a) "Subtenant" means a person to whom a tenant rents or leases residential premises, including manufactured housing or a space in a manufactured housing park, if the tenant has authorization from the landlord to sublet.
(b) "Implied tenant" means a person who occupies a dwelling unit with:
(1) The knowledge and consent of the lawful tenant; and
(2) The knowledge and consent of the landlord, but without a signed lease or rental agreement.
II-a. Nothing in this section shall be construed to prevent the arrest and prosecution of a person or persons, pursuant to RSA 635:1 or RSA 635:2.
III. "Premises" means the part of the landlord's property to which the tenant is entitled exclusive access for living or storage as a result of the rental or lease agreement.
IV. "Non-rental owner" means an owner or owner's agent who does not rent or lease their property to others.
Source: Legislative text reproduced verbatim
Plain English

New Hampshire Revised Statutes § 540-A:1 establishes the foundational definitions that govern the rest of the subdivision on landlord-tenant relations. The provision identifies who qualifies as a landlord (owners, lessors, or their agents who rent residential property, including manufactured housing), who qualifies as a tenant (including subtenants with landlord authorization and 'implied tenants' who occupy a unit with both the lawful tenant's and landlord's knowledge but without a signed lease), and what constitutes 'premises.' It also clarifies that a 'non-rental owner' is someone who owns property but does not rent it out, and that nothing in this section limits criminal prosecution under New Hampshire's burglary statutes.

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

Plain English — not legal advice.

For Property Managers

Under § 540-A:1, property owners and their agents who rent or lease residential units—including manufactured housing and park spaces—are classified as 'landlords' subject to the protections and obligations of this subdivision. Operators who allow occupants to reside in a unit with their knowledge and consent, even without a signed lease, should be aware that those occupants may qualify as 'implied tenants' under this section. Compliant operators generally keep clear records of who has been granted permission to occupy a unit and under what terms, since those facts bear directly on how this subdivision applies.

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

For Tenants

Section § 540-A:1 defines who is protected as a 'tenant' under New Hampshire's landlord-tenant subdivision, and the definition is broader than many people expect—it can include subtenants (when the landlord has authorized subletting) and 'implied tenants' who occupy a unit with the knowledge and consent of both the lawful tenant and the landlord, even without a written lease. Understanding whether you fall within one of these categories is a threshold question for accessing the rights and remedies available elsewhere in RSA Chapter 540-A. Tenant-rights organizations in New Hampshire can help individuals assess how these definitions apply to their living situation and what options may be available under the broader subdivision.

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
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

N.H. Rev. Stat. Ann. § 635:1
Not yet ingested
N.H. Rev. Stat. Ann. § 635:2
Not yet ingested

References In

Rules and statutes that cite this regulation

N.H. Rev. Stat. Ann. § 540-A:6
N.H. Rev. Stat. Ann. § 540-A
N.H. Rev. Stat. Ann. § 540-A
N.H. Rev. Stat. Ann. § 540-A:6
N.H. Rev. Stat. Ann. § 540-A:6
N.H. Rev. Stat. Ann. § 540-A:7
N.H. Rev. Stat. Ann. § 540-A:4
N.H. Rev. Stat. Ann. § 540-A
N.H. Rev. Stat. Ann. § 540-A:1
N.H. Rev. Stat. Ann. § 540-A:7
N.H. Rev. Stat. Ann. § 540-A:3
N.H. Rev. Stat. Ann. § 540-A:4
N.H. Rev. Stat. Ann. § 540-A:1
N.H. Rev. Stat. Ann. § 540-A:2
N.H. Rev. Stat. Ann. § 540-A:3
N.H. Rev. Stat. Ann. § 540-A
N.H. Rev. Stat. Ann. § 540-A:4
N.H. Rev. Stat. Ann. § 540-A:6
N.H. Rev. Stat. Ann. § 540-A:7

Related Rules

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

Source Information

Source:https://gc.nh.gov/rsa/html/LV/540-A/540-A-1.htm
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