Maintenance Responsibilities in New Hampshire Commercial Leasing

The residential implied warranty of habitability under RSA 48-A does not apply to commercial tenancies in New Hampshire. There is no automatic obligation for a commercial landlord to keep the premises in any particular condition.

The entire maintenance relationship is dictated exclusively by the terms of the written lease agreement.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Always consult a licensed commercial real estate attorney. Information last verified: March 2026.

The Structural vs. Interior Divide

Most commercial leases in New Hampshire divide maintenance responsibilities along structural lines.

Landlord Responsibilities (Typically)

• Building foundation, concrete slab, and load-bearing walls.
• The roof structure and waterproof membrane.
• The exterior facade and building shell.
• Shared common areas (elevators, lobby, parking lots, walkways) maintained via CAM reimbursement.
• Core utility connections to the building's perimeter.

Tenant Responsibilities (Typically)

• Interior non-load-bearing walls, paint, and floor coverings.
• All plumbing fixtures (toilets, sinks) within the demised premises.
• Electrical sub-panels and interior lighting.
• Glass shopfronts and commercial signage.
• Interior pest control and janitorial services.

The HVAC System

Given New Hampshire's extreme winters, HVAC maintenance is the most heavily contested clause in commercial leases.

• Routine Maintenance: Most leases require the tenant to maintain a biannual service contract at their sole cost.
• Capital Replacement: When the entire unit fails beyond repair, the financial burden depends on the lease drafting. An absolute NNN lease may push full replacement cost to the tenant, while a negotiated lease assigns capital replacements to the landlord.

Snow and Ice Removal

For multi-tenant commercial properties in New Hampshire, winter snow removal is a massive, variable expense. The landlord typically contracts the snow plowing company and recovers the costs through CAM charges allocated to tenants proportionately.

Single-tenant net leases often push the full snow and ice removal obligation directly to the tenant, requiring them to maintain their own plowing contract and carry adequate slip-and-fall liability insurance.

Centralizing Work Orders

Managing a mixed commercial portfolio where each tenant's lease assigns different repair obligations is complex. Landager digitizes your commercial portfolios, centralizing disparate lease clauses so property managers can instantly verify whether the tenant or landlord is liable for a specific repair, then automatically deploy the correct vendor if landlord intervention is required.

Back to New Hampshire Commercial Landlord-Tenant Laws Overview.