Landlord Question and Answer Forum

I have a few questions about sufficient notice to terminate a month to month lease in NH. Tenant paid first, last, and security ($4,500) before moving in. This lease is from the 8th to the 8th of each month. The lease reads like this: "the term of this lease shall be month to month, commencing on august 8th, 2010, and terminating no earlier than October 8, 2010 (first and last months rent)." "either party can terminate this lease agreement in the event of a violation of any provisions of this lease agreement by the other party" There is nothing in this lease agreement about a 30 day notice but I believe that is NH law. I received the 30 notice on the 24th of this month saying the last day they would be in the house would be sept 24th. Do I prorate the rent for sept 8-24 or do I keep their last months rent and tell them to be out by oct 8th? Can I do that? Also, was it illegal to ask for first, last, and security? Or can they turn around and say there isnt a 30 day notice in the lease so they are out sept8th and want the entire last months rent back? I appreciate any help, this is somewhat urgent. Thanks in advance.

Good questions James. First, month to month is from the 8th to the 7th technically speaking in this situation (month starts on the 8th), so they have until October 7th to move out. Additionally, in the state of NH - you are not allowed to collect security (of a months rent or less) and first and last rent. I don't know what would happen if it went to court that you collected all three as I haven't done it myself - but check out RSA 540 or Google "Nh landlord tenant law" and you'll get a good idea of what is needed. Also, if this isn't an owner occupied building - make sure you secure a separate account for the security deposit to be held in. I have the tenant fill a W-9 form and go to the bank and deposit their security deposit, then give the tenant a copy of the receipt so they know where it is deposited. The account can be called many things, just tell the bank that you are a landlord looking to secure an account under your tenant, but that they are not allowed to withdraw (you are the only one who has signature rights on the account). Good luck and ask if you have more questions!

Posted by Eric D, NH on Tuesday, August 30, 2011