New Hampshire Commercial Lease: Types, Key Terms To Know, Costs

Reviewed for legal accuracy by Forest Hamilton JD

Quick Facts — Commercial Lease Lawyers

A New Hampshire commercial lease refers to a lease or contract on renting and using a building in New Hampshire for commercial purposes. Every location, tenant, and the landlord is distinctively diverse, necessitating a variety of lease clauses tailored to the particular circumstance.

New Hampshire's Rental Agreement Laws

The following are the regulations and disclosures required for a New Hampshire lease.

  • A commercial lease agreement should include terms like whether pets are allowed on the premises, whether security deposits are applicable, etc. New Hampshire state law also prohibits discrimination against tenants.
  • A landlord has the authority to terminate a lease agreement if the landlord refuses to pay the rent, fails to comply with lease terms, shows any type of behavior that affects the safety of other building tenants, and causes damages to the premises.
  • The sum of the deposit and the time frame under which it must be returned when the lease expires are constrained in New Hampshire. Tenant discrimination is forbidden under state legislation. As a result, the business lease agreement should specify whether dogs are permitted on the property if security deposits are required, and when rent is due.
  • A letter of intent or request for the proposal is crucial because, in general, neither document binds the parties.
  • An HVAC system is crucial to renters. There are problems with these systems' upkeep, repair, and replacement.
  • A new tenant should make plans for the future and how the expansion of the business may affect its space requirements before signing the lease.
  • A landlord expects rent increases over time. Therefore the parties must agree on how annual increases will be decided upon and carried out.
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Key Terms

  • Agreement: An understanding reached between parties about a course of action that is usually negotiated and legally binding.
  • Confidentiality: A non-disclosure agreement is a formal contract, or a clause within, between two or more parties, outlining secret information, knowledge, or data.

Conclusion

It is advisable to get in touch with your lawyer to determine the possible cost before choosing one because it will depend on their experience and area of practice. Find qualified attorneys on ContractsCounsel if you want assistance creating a business lease agreement in New Hampshire. Compare multiple free proposals from vetted lawyers and save 60% less than traditional law firms - start your job proposal here.

Frequently Asked Questions

How do I hire a lawyer to draft a commercial lease in New Hampshire?

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Nicholas Matlach is a cybersecurity expert (CISSP) and an attorney who is dedicated to helping small businesses succeed. He is a client-focused professional who has a deep understanding of the challenges that small businesses face in the digital age. He also provides legal counsel to small businesses on a variety of issues, including formation, intellectual property, contracts, and employment law.

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Real Estate

Commercial Lease

Ohio

Asked on Apr 20, 2023

How is the lease renewed at the end of the lease term?

I am a small business owner who recently signed a three-year commercial lease for my business. I am looking to understand the process of renewing the lease at the end of the three-year term. I am interested in learning more about the process, the timeline, and what I need to do to ensure that I can continue to operate my business at this location.

Paul S.

Answered Apr 21, 2023

If your lease has a renewal option, then you renew by following that process, which involves giving notice during the specified time frame. If you did not include a renewal option in your lease, then you'll need to contact the landlord 6-12 months before the end of the term, and inform the landlord that you want to renew the lease. Then you'll have to negotiate the terms with the landlord.

Read 1 attorney answer>

Commercial Real Estate

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Asked on Apr 24, 2023

Can the tenant sublease the property to another business?

I am a business owner and I am looking to rent a commercial space for my business. I am considering signing a commercial lease with the landlord, but I am concerned about my ability to sublease the property to another business. I am trying to determine whether this is an option that is available to me and what the implications would be.

Joseph M.

Answered May 12, 2023

In Massachusetts, a commercial tenant can sublet or even fully assign the unit to a third party - UNLESS there is a specific prohibition in the current lease. However, even if there is such a prohibition, it might still be worth speaking to the landlord about since it might be mutually beneficial.

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Asked on Apr 12, 2023

Can the rent be increased during the lease term?

I am an entrepreneur who is looking to rent a commercial space for my business. I recently found a space that fits my needs and the landlord is offering a lease agreement. I am wondering if the rent can be increased during the lease term, as this could have a significant impact on my business. I understand that the lease agreement may contain provisions that allow for rent increases, but I would like to confirm this before signing the agreement.

Jeffrey K.

Answered Apr 14, 2023

The lease agreement should specifically provide when and in what amount any rent increases would occur. Usually on a lease with a five year term, rent would increase yearly. If you have a build out credit, you may have free rent for a term if you pay for the build out. If it is a net lease, meaning you pay rent and, either taxes, insurance and/or common area maintenance, you would have a base rent plus the other fees that could increase during the initial lease term usually yearly, but it could be more than one time a year if the costs of these items increase. The rent would also likely increase yearly. If the lease is a gross lease, you will have one monthly rental payment that would increase (most likely) yearly.

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Real Estate

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Asked on May 12, 2021

Should I use a lawyer for commercial lease?

It is a very long lease and I'm not sure what it says. I also don't want to pay a fortune to have it reviewed to eat into my budget.

George O.

Answered May 12, 2021

Yes! Before signing any contract/agreement/lease, or anything that appears to be a binding agreement, it is worth the money to have a lawyer review it. I charge a flat fee to review any and all agreements, so my clients know up front what they are paying, and they consider it a cost of doing business. The alternative, i.e. not having a lawyer review your agreements prior to signing, can be, and usually is, exponentially more expensive should a conflict arise (and they often do).

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Small Business

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Asked on Apr 22, 2023

What's the repair responsibility in a commercial lease?

I am a small business owner in the process of signing a commercial lease for a retail space. I am trying to understand my responsibilities as the tenant regarding repairs and maintenance of the property. I want to make sure I understand what my repair responsibility is in the lease before signing it.

N'kia N.

Answered May 30, 2023

In a North Carolina commercial lease agreement, it is common for the landlord to be responsible for major maintenance and repairs (including structural issues) and the tenant to be responsible for minor maintenance and repairs (including general wear and tear). However, the landlord and the tenant may agree to alternative arrangements in the written lease. The best way to more fully understand your specific maintenance and repair responsibilities under a specific lease agreement is to have an attorney review the agreement and discuss it with you. Good luck!

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