New Hampshire Commercial Lease Guide

Commercial Lease Guide for New Hampshire

A practical, tenant-focused guide to reviewing New Hampshire commercial leases — not legal advice.

Key Lease Considerations

New Hampshire leases can look straightforward on rent, but winter operations (plowing, sanding, heating, and winterization) can drive real costs — especially in NNN and modified-gross structures.

This guide helps you define snow and heating responsibilities, avoid surprise roof/HVAC replacement exposure, and compare spaces on total occupancy cost.

Major markets

Where we see the most leasing activity.

Manchester
Nashua
Portsmouth
Concord
Dover

Common lease types

Typical structures and what to watch.

Retail: NNN or modified gross (snow/parking lot costs and CAM scope)
Office: full service or modified gross (utilities and escalations)
Industrial/Flex: NNN (roof, yard, loading areas, and exterior maintenance)

Cost drivers

Items that often create surprise bills.

Snow/ice removal scope and slip/fall allocation
Heating and winterization responsibilities (freeze protection and closures)
Roof snow-load, ice dams, gutters, and drainage maintenance
CAM definitions, management/admin fees, and capital replacements
Utilities allocation (shared meters vs. submeters)

Negotiation checklist

Snow and exterior maintenance scope

Define who clears what (sidewalks, parking, loading areas, roof) and service levels. Avoid vague “tenant responsible for all snow” clauses without budgets and reconciliation.

Heating + winterization responsibilities

Clarify who maintains boilers/HVAC, who winterizes plumbing, and what happens during closures. Avoid broad liability for freeze damage without clear landlord obligations.

Roof and structural responsibility

Spell out whether roof repairs/replacement are landlord responsibility. If roof maintenance is shared, set limits and exclude structural defects and capital replacement.

CAM transparency + audit rights

Require a CAM budget, annual reconciliation, and audit rights. Exclude capital replacements (or require amortization) and cap management/admin fees.

Utilities allocation clarity

If utilities are shared, require a clear allocation method (submetering preferred) and documentation. Avoid “allocation as landlord determines” without transparency.

Default language for weather disruptions

Add notice + cure periods and make sure severe weather disruptions don’t trigger unfair defaults or excessive fees.

Rent commencement tied to readiness

Tie rent start to delivery of a usable premises and required approvals (buildout completion, permits/CO if applicable, and landlord work).

Official resources

New Hampshire Secretary of State — QuickStart business search New Hampshire Department of Revenue Administration New Hampshire SBDC

Not legal advice. Always verify local requirements and consult qualified professionals for your situation.

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

Are NNN leases common in New Hampshire?

Yes — many retail and industrial properties use NNN or modified gross structures. Winter CAM and exterior maintenance costs should be budgeted and reconciled.

Who usually pays for snow removal in New Hampshire leases?

It depends on the lease structure. Costs may be passed through CAM or assigned to the tenant. The key is defining areas and service level in writing.

How should I handle freeze protection language?

Ask for precise responsibilities: minimum heat levels, who winterizes, who is liable for freeze damage, and what happens during closures. Avoid broad “tenant liable for all freeze damage” language.

What should I compare besides rent in New Hampshire?

Compare total occupancy cost: rent + CAM/NNN + utilities + insurance, plus winter responsibilities like snow removal, heating, and roof-related maintenance.

Does BizLeaseCheck provide legal advice?

No. It helps you spot common risks and compare leases quickly, but it’s not legal advice. Use it alongside qualified professional review for your situation.