Challenging Illegal Rental Fees in New Hampshire

Illegal or excessive fees can be a source of stress for New Hampshire renters. Knowing what your landlord may legally charge—and the steps to contest improper fees—empowers you to safeguard your housing budget. This guide breaks down your rights, the complaint process, and the official resources you can rely on, all according to current New Hampshire law.

Understanding Legal vs. Illegal Fees in New Hampshire

In New Hampshire, state law sets clear limits on what landlords can charge tenants, beyond the regular rent. Common illegal fees often include unauthorized late fees, excessive security deposits, or extra "processing" charges not outlined in your lease or state law. It's important to be familiar with your rental agreement and the protections provided by the New Hampshire Residential Landlord & Tenant Act.

• Security deposit limits: Landlords may not charge more than one month's rent or $100, whichever is greater, as a security deposit.
• Application fees: While allowed, these must be reasonable and disclosed in advance.
• Late fees: Must be clearly stated in the lease and not exceed what is considered reasonable under the law.
• Unauthorized "extra" fees: Any deduction or bill not in your lease or state statute could be unlawful.

If a fee on your rent bill looks suspicious or unexpected, you have the right to question and challenge it.

Common Illegal Fees New Hampshire Renters Should Watch For

Here are examples of fees that are often found to be unlawful or excessive:

• "Administrative" or "processing" fees not specified in your lease.
• Late charges that accumulate rapidly or start immediately after rent is due.
• Excessive security deposit deductions for normal wear and tear.
• Charging for routine building maintenance work.

Always review your lease against the state law to determine fee legitimacy.

How to Challenge an Illegal Fee on Your Rent Bill

If you notice a questionable fee, it's important to act promptly and document your concerns. Here are the key steps for New Hampshire renters:

1. Gather Documentation

• Keep copies of your lease agreement, all rent statements, and any written communication with your landlord.
• Note when and how the fee appeared on your bill.

2. Review New Hampshire Rental Law

• Check what fees are allowed under the NH RSA 540-A.
• If unsure, contact the New Hampshire Department of Justice Consumer Protection & Antitrust Bureau for guidance.

3. Communicate With Your Landlord

• Write a polite, clear letter to your landlord disputing the questionable charge, referencing state law if possible.
• Request that the fee be removed and ask for a corrected rent statement.

4. File a Formal Complaint if Needed

• If the landlord refuses to correct the fee, you can file a complaint with the NH Department of Justice Consumer Protection Bureau.
• Use the official Consumer Complaint Form:
  Form Name: Consumer Complaint Form
  When to use: If landlord practices may violate state rental laws. For example, if you are repeatedly charged illegal late fees after raising concerns. Fill out the form with details and submit online or by mail.
  Download the Consumer Complaint Form

You may also be able to pursue action in Small Claims Court for the recovery of unlawful fees (see NH Judicial Branch Small Claims).

What Official Office Handles Rental Disputes in New Hampshire?

In New Hampshire, the NH Department of Justice Consumer Protection & Antitrust Bureau handles landlord-tenant complaints and rental law violations. Unresolved issues may be heard by the NH Circuit Court (Small Claims Division) for monetary disputes.

Understanding Your Next Steps

Most disputes can be resolved by clear communication. If that fails, New Hampshire provides accessible complaint procedures and legal support for renters facing improper charges.

FAQs: Challenging Rental Fees in New Hampshire

1. What should I do if my landlord refuses to remove an illegal fee?
   If your landlord disputes your claim, file a complaint using the official Consumer Complaint Form with the NH Department of Justice. You can also seek recovery of the fee through Small Claims Court.
2. Is there a maximum security deposit amount in New Hampshire?
   Yes. A landlord may not charge more than one month's rent or $100, whichever is greater, as a security deposit.
3. Can a landlord charge late fees without stating them in the lease?
   No. Late fees must be specifically described in the lease agreement to be enforceable.
4. Are "move-in" or "move-out" fees allowed?
   Only if clearly stated in your lease. Fees not in the lease or considered excessive may be unlawful.
5. Who can I contact for free help with landlord-tenant issues?
   Start with the NH Department of Justice Consumer Protection Bureau or local legal aid organizations listed below for additional support.

Key Takeaways for New Hampshire Renters

• Review questionable rental charges and compare them to your lease and state law.
• Keep a detailed, written record of communications and disputed fees.
• Use the official Consumer Complaint Form to report unresolved illegal fees.

Addressing illegal fees promptly helps protect your rights and your finances. Most issues can be resolved directly, but official complaint options are available if needed.

Need Help? Resources for Renters

• NH Department of Justice Consumer Protection Bureau – Landlord/Tenant Information
• Consumer Complaint Form (PDF and Online Submission)
• New Hampshire Legal Aid – Free legal guidance for eligible renters
• NH Circuit Court Small Claims Division
• NH Residential Landlord & Tenant Act (RSA 540-A)

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1. See NH RSA 540-A:6 – Security Deposit Limits
2. New Hampshire Department of Justice: Landlord/Tenant Information
3. Consumer Complaint Process – NH DOJ
4. NH Judicial Branch Small Claims Division

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