New Hampshire Statewide Rule
New Hampshire Security Deposit Law (N.H. Rev. Stat. § 540-A:6 to :8)
Key Facts
- Deposit cap
- Greater of one month's rent or $100
- Return deadline
- 30 days after the tenancy ends
- Itemized statement
- Required; written itemized list of damages with evidence of repair
- Statute
- N.H. Rev. Stat. § 540-A:6 to :8
- Penalty
- Double the deposit plus any interest due for wrongful retention
Summary
New Hampshire caps a residential security deposit at one month's rent or $100, whichever is greater. A landlord must return the deposit, plus any interest due, within 30 days after the tenancy ends, along with a written itemized statement of any deductions. Bad-faith retention exposes the landlord to double the deposit plus interest.
(a) A landlord shall not demand or receive any security deposit in an amount or value in excess of one month's rent or $100, whichever is greater. Nothing in this section shall prohibit a landlord from entering into a written lease that requires the quarterly or less frequent payment of rent; provided, however, that the security deposit received in addition to the initial rent payment may not exceed the equivalent of one month's rent.
Full Breakdown
Under N.H. Rev. Stat. § 540-A:6, a landlord "shall not demand or receive any security deposit in an amount or value in excess of one month's rent or $100, whichever is greater." A deposit held for one year or longer must earn interest at the rate paid on regular savings accounts at the New Hampshire institution where it is held. Section 540-A:7 requires the landlord to return the deposit and any interest within 30 days from termination of the tenancy. When the landlord retains any portion, it must provide a written, itemized list of damages stating the nature of each repair, with evidence such as receipts or estimates that the repair has been or will be completed; deductions for unpaid rent or taxes must specify the period claimed. Deductions are limited to damage beyond reasonable wear and tear, unpaid rent, and unpaid taxes.
Violations & Penalties
Under N.H. Rev. Stat. § 540-A:8, a landlord who violates the return or itemization rules of § 540-A:7 is "liable to the tenant in damages in an amount equal to twice the sum of the amount of the security deposit plus any interest due," less any lawful deductions. The landlord avoids liability only if the tenant failed to provide a forwarding address after the tenancy ended.
Frequently Asked Questions
How much can a landlord charge for a security deposit in New Hampshire?
How long does a landlord have to return a security deposit in New Hampshire?
What can a landlord deduct from a security deposit in New Hampshire?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.