N.H. Rev. Stat. Ann. § 540-A: § 540-A:5
Definitions.
Operative Text
As used in this subdivision: I. "Landlord" means a person and his or its employees, officers or agents who rents or leases to another person a rental unit, including space in a manufactured housing park as regulated by RSA 205-A and in manufactured housing, for other than vacation or recreational purposes. A person who rents or leases a single-family residence and owns no other rental property or who rents or leases rental units in an owner-occupied building of 5 units or less shall not be considered a "landlord" for the purposes of this subdivision, except for any individual unit in such building which is occupied by a person or persons 60 years of age or older. II. "Security deposit" means all funds in excess of the monthly rent which are transferred from the tenant to the landlord for any purpose. III. "Tenant" means any person who rents or leases residential premises owned by another, including space in a manufactured housing park regulated by RSA 205-A and in manufactured housing, for other than vacation or recreational purposes. IV. "Rental unit" means each separate part of any residential premises which has full facilities for habitation, including contiguous living, sleeping, kitchen and bathroom facilities, which is held out for rental by the landlord.
New Hampshire Revised Statutes § 540-A:5 establishes the foundational definitions that govern the entire § 540-A subdivision on landlord-tenant protections. Under this provision, a 'landlord' is broadly defined to include a person and their employees or agents who rent residential units—but notably excludes owners of a single-family residence with no other rental property, as well as owners of small owner-occupied buildings of five units or fewer, unless any unit in such a building is occupied by a resident aged 60 or older. 'Security deposit' is defined as any funds beyond the monthly rent transferred from tenant to landlord for any purpose, and 'tenant' covers anyone renting residential premises for non-vacation, non-recreational use, including manufactured housing.
Plain English — not legal advice.
Property owners and managers operating in New Hampshire should understand that § 540-A:5 determines whether the full protections of the § 540-A subdivision apply to their rental activities. Owners of a single-family home with no other rental property, or those in owner-occupied buildings of five units or fewer, generally fall outside the statutory definition of 'landlord'—but that exemption does not apply to any unit occupied by a tenant aged 60 or older. Compliant operators typically review their portfolio and occupancy details carefully to determine which units and relationships fall within the scope of this subdivision's requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
New Hampshire tenants renting residential units—including those in manufactured housing parks regulated by RSA 205-A—should be aware that § 540-A:5 sets out who qualifies as a 'landlord' and 'tenant' under this subdivision, which in turn determines what legal protections apply to their tenancy. Tenants aged 60 or older living in an owner-occupied building of five units or fewer may have protections under § 540-A even if other tenants in the same building do not. Tenants who want to understand whether their specific rental arrangement falls within these definitions can consult a local tenant-rights organization or New Hampshire Legal Aid for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 20, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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Rules and statutes that cite this regulation