Can a tenant sublet in New Hampshire?

In New Hampshire, a person who rents from a tenant counts as a subtenant only if the tenant has the landlord’s authorization to sublet, and anyone who is not a tenant, subtenant or implied tenant may not occupy residential real estate without the permission of the owner or landlord. If a court finds that an occupant sublet from a tenant whose lease prohibits subletting, and the occupant cannot show an implied tenancy, the owner may dispose of any remaining personal property after 48 hours’ notice. The lease can add its own conditions where the statute allows, so read the lease’s sublet clause together with this rule. This is RSA 540-A:1, 540-A:3, 540-A:4.

WhatNew Hampshire
SublettingOnly with the landlord’s authorization
Kind of ruleThe landlord’s consent is required

Source

RSA 540-A:1, 540-A:3, 540-A:4

Read the statute in the New Hampshire Revised Statutes (General Court of New Hampshire): gencourt.state.nh.us.

Checked against the statute on November 13, 2026.

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

How Seayora uses this rule

Seayora keeps every lease’s term, rent and signers in one record and dates every change to it. This page states the state’s rule so a lease’s own early-termination and sublet clauses can be checked against it before the lease is signed.

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