Commercial Lease Laws in New Hampshire
Don't sign a lease in New Hampshire until you understand the local statutes, tax implications, and common landlord traps.
Key Statutes & Considerations
New Hampshire has no general sales tax, but occupancy cost can still rise via property taxes and CAM. Require detailed reconciliations and the right to audit.
Allocate plowing/sanding, roof snow-load issues, and ice dams in writing. Avoid CAM clauses that allow capital snow equipment or major repairs to be billed to tenants.
Common Red Flags in New Hampshire
Commercial real estate in New Hampshire typically favors the landlord in standard lease drafts. Whether you are in Concord or elsewhere, you need to watch out for:
- Uncapped NNN Charges: Variable costs like property taxes and insurance can skyrocket.
- Broad Indemnification: Clauses that require you to pay for the landlord's negligence.
- Relocation Clauses: Rights for the landlord to move your business to a worse location.
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Frequently Asked Questions
Is a Triple Net (NNN) lease legal in New Hampshire?
Yes, NNN leases are the industry standard for commercial retail and office space in New Hampshire. They shift the burden of property taxes, insurance, and maintenance to the tenant.
Can I negotiate my commercial lease in New Hampshire?
Absolutely. Unlike residential leases, commercial leases are presumed to be negotiated between equal parties. Never sign the first draft.
