Is the landlord legally allowed to change the lease terms and increase rent?

Full question:

My son & family have dwelled in a family owned home for almost 4 years. Her parents live right next door and fathers brother was willed the home from their mother. He (landlord) lives in Florida and was going to sell them the house. Stipulated in will can only be sold to family member. They came up with the funding and then he changed his mind. Contacted rental agent in N.H. and presented them with new terms. Rent increased $300.00 p/m. Asking for 1st last security and pet deposit by 7/1/07. Also in lease it reads that they are responsible for any repairs A/C, well, appliances etc. etc. These things are far from brand new and I am hard pressed to believe that any one in their right mind would sign this lease. He gave them 3 weeks notice. They are in mid 20's and scrambling. Is landlord within legal rights? I live in Fla. they in N.H.

• Category: Landlord Tenant
• Date: 04/07/2025
• State: New Hampshire

Answer:

The legality of the landlord's actions depends on whether the original lease had expired when the new lease terms were presented. New Hampshire law states that every tenancy is considered at will unless a different agreement is in place (N.H. Rev. Stat. § 540:1). The landlord can terminate a tenancy by providing written notice, but the notice period varies based on the reason for termination.

If the landlord is increasing rent, they must provide at least thirty days' written notice (N.H. Rev. Stat. § 540:2). The tenant's refusal to accept a rent increase can be grounds for eviction if proper notice was given. Additionally, the lease terms stating that the tenant is responsible for repairs must be reasonable and comply with state law.

In summary, the landlord may have legal grounds to change the lease terms and increase the rent, but they must follow the proper legal procedures for notice and termination under New Hampshire law.