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.
| What | New Hampshire |
|---|---|
| Subletting | Only with the landlord’s authorization |
| Kind of rule | The landlord’s consent is required |
Source
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.
Guides on this rule
- Subletting Laws by State: When a Tenant May Sublet — Whether a tenant may sublet an apartment, the 18 states with a statute on subletting, and who owes the rent during a sublease.
Compare this rule in every state
More New Hampshire rules
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- How long does a landlord have to return a security deposit in New Hampshire?
- How much can a landlord charge for a security deposit in New Hampshire?
- How many days does a tenant get to pay late rent in New Hampshire?
- How much notice must a landlord give to end a tenancy in New Hampshire?
- What are squatters’ rights in New Hampshire?
- Can a landlord retaliate against a tenant for complaining in New Hampshire?
- Do contractors charge sales tax in New Hampshire?
- Every New Hampshire rule on one page
The same question in other states
- Alaska
- Delaware
- District of Columbia
- Georgia
- Hawaii
- Kansas
- Kentucky
- Louisiana
- Missouri
- Montana
- New York
- Oklahoma