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EspañolCan I end my lease early if I am a victim of abuse?
You can end (terminate) your lease without penalty if you or a member of your household:
- has been the victim of domestic violence, sexual assault, or stalking within the past 150 days that you lived in the home; or
- are afraid for your safety because a new event has occurred within the past 150 days that, in combination with the prior domestic violence, sexual assault, or stalking, causes fear.1
1 N.H. Rev. Stat § 540:11-b(I)(a)-(b)
What documentation do I need to give to my landlord?
In order to end your lease without penalty, the victim, meaning you or your household member, must give the landlord one of the following:
- a copy of a protective order against the abuser or proof that a petition was filed;
- a police report for the domestic violence, sexual assault, or stalking;
- written proof (verification) from a law enforcement official, victim’s advocate, attorney, or healthcare provider that you or your household member is a victim of domestic violence, sexual assault, or stalking; or
- a signed self-certification form provided by the circuit court that describes the abuse and swears that the information is true.1
1 N.H. Rev. Stat § 540:11-b(I)(c); see also the New Hampshire Judicial Branch website
If I end my lease, when do I have to move out?
You will need to move out within 30 days of giving written proof of the abuse to your landlord. You and your landlord may also agree to a different timeframe for you to move out if that works better for both of you.1 If your landlord does agree to a different move-out date, it is best for you to get this agreement in writing so that you can show proof later if the landlord sues you.
1 N.H. Rev. Stat § 540:11-b(III)
If I end my lease, do I still have to pay rent?
If you follow the requirements of this law, you only need to pay rent through the day you move out or the day you give notice that you will be ending the lease, whichever is later. The landlord can hold your security deposit through the last day that all tenants under your lease have left. Then the deposit must be returned to you within 30 days, unless the landlord can keep some or all of it according to the law.1 This means that the landlord may be able to keep the deposit if there are valid reasons to do so, but s/he cannot keep it just because you ended the lease early under this law.
1 N.H. Rev. Stat §§ 540:11-b(IV); 540-A:7(I)
If I stay in my home, can I ask the landlord to change my locks?
If you give the landlord a copy of a protective order that specifically removes (excludes) the abuser from your shared home, you can ask the landlord to change the locks. The landlord cannot give copies of the new keys to the abuser who has been removed.1
If you ask for the locks to be changed, however the landlord can make you pay the costs. Also, the landlord will not be legally responsible (liable) for any damages caused by changing the locks.1 For example, if the locksmith damages your door or wall, you would be responsible to repair it.
1 N.H. Rev. Stat § 540:2(VII)(b)
