Mixed โ read the details
Breaking a lease in New Hampshire
The mitigation question
Unsettled
Whether your landlord must try to re-rent is unclear in New Hampshire โ reported, not settled law. Unsettled โ no statute; no residential case on point (Wen v. Arlen's, Inc., 103 A.2d 86 (N.H. 1954) holds no duty in commercial tenancies). Do not assume the duty exists.
Your protected exits
- Military. SCRA baseline (50 U.S.C. ยง 3955) PLUS state statute RSA 540:11-a: reserve/Guard member called to active duty, or active-duty member reassigned out of state, may terminate; notice of termination within 7 days ofโฆ Guide โ
- Domestic violence. Yes โ RSA 540:11-b (enacted via HB 261, signed May 14, 2024; effective Jan. 1, 2025): victim of DV (RSA 173-B), sexual assault (RSA 632-A), or stalking (RSA 633:3-a) may terminate with written notice + verification: (a)โฆ N.H. Rev. Stat. ยง540:11-b Guide โ
- Uninhabitable conditions. Reported (confirm with a licensed attorney): Yes โ RSA 48-A:14 (minimum housing standards); RSA 540:13-d (fitness defenses); landlord harassment prohibited (RSA 540-A:2). Tenant termination procedure for uninhabitable conditions โ exact cure timeline
Notice periods
| Situation | Rule |
|---|
| Dv | written notice + verification; vacate within 30 days; rent owed through termination date |
| Habitability | Reported (confirm with a licensed attorney): written notice + reasonable time; timeline |
| Military | state: notice within 7 days of orders, per SCRA ยง305; SCRA: 30 days after next rent due date |
Early-termination fees
Reported (confirm with a licensed attorney):
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Not legal advice. This page is general information about landlord-tenant law, not advice about your situation. Laws change and procedures vary by county. For advice about your lease, consult a licensed attorney in your state โ many legal aid offices help renters free.