How to Document Existing Damage at Move-In in New Hampshire

Ensuring a smooth start to your rental experience in New Hampshire begins with properly recording the condition of your new home on move-in day. By thoroughly documenting any pre-existing damage, you protect yourself from unwarranted security deposit deductions when it’s time to move out. This guide covers the process of documenting damage, using available forms and understanding your rights under New Hampshire law.

Why Documenting Existing Damage Matters

When you move into a rental, your landlord may deduct repair costs for damage beyond normal wear and tear from your security deposit. By clearly noting pre-existing issues, you create a fair baseline—and avoid responsibility for problems you did not cause.

What the Law Says: Inspections and Disclosures in New Hampshire

New Hampshire law requires landlords to provide a written list of the rental unit’s existing damages, which you may dispute or sign to acknowledge. This process is governed by the New Hampshire Revised Statutes Annotated (RSA) 540-A:6 ^[1]. Though there’s no official state-wide form, the law outlines what landlords must do and your role as a tenant.

How to Document Damage at Move-In

Here’s a practical approach for renters starting in a new unit:

• Request the landlord’s written list of existing damages, as required by RSA 540-A:6.
• Conduct a room-by-room inspection with the landlord (if possible).
• Take clear photos (with time stamps, if possible) of every room and any damage you see.
• Make detailed notes (e.g., "scratched wood on bedroom floor near closet").
• Use or request a move-in inspection checklist—some landlords provide their own, or you can use a general template from the New Hampshire Department of Justice Consumer Sourcebook.
• Sign and date your inspection report; keep a copy for your records and provide one to your landlord.

Relevant Forms and Sample Checklists

• Move-In/Move-Out Inspection Checklist: While New Hampshire does not mandate a specific form statewide, some landlords or local authorities may offer a move-in inspection checklist. The NH DOJ Consumer Sourcebook provides guidance and a checklist example.
  How it’s used: Review the checklist during your inspection, note the condition of each area, sign, and exchange copies with your landlord. This establishes the unit’s move-in condition for future reference.

What If You Disagree with the Landlord’s Damage List?

If your landlord presents a damage list you don't agree with:

• Write your observations and disagreements directly on the form.
• Sign and date your edited copy, and keep one for your records.
• Communicate your concerns in writing (email or certified mail for proof) to your landlord.

Your Rights and the Tribunal Process

Should a disagreement arise (such as a wrongful security deposit deduction), tenants may take the issue to the appropriate tribunal. In New Hampshire, small claims involving rental deposits are typically handled by the New Hampshire Circuit Court's District Division ^[2]. This is the forum for most landlord-tenant deposit disputes.

Action Steps: What to Do After Documenting Damage

• Give your landlord your signed copy of the inspection report (keep a copy for yourself).
• Store your digital photos and make sure you can access them later.
• If you make changes or add observations to a landlord’s form, communicate these promptly.
• If needed, review the RSA 540-A: The New Hampshire Security Deposit Law for your rights and timelines.

FAQ: Documenting Damage and Security Deposits in New Hampshire

1. Do I have to use a specific move-in inspection form in New Hampshire?
   No, the state does not provide an official form. However, landlords must give you a written list of any existing damages. You may use any checklist, such as one from the NH DOJ Sourcebook.
2. What should I do if my landlord doesn’t give me a list of damages?
   You can request one in writing. Document the condition yourself with photos and a checklist, then share your report with your landlord.
3. How long do I have to raise objections to the landlord’s damage list?
   New Hampshire law does not specify an exact deadline, but it’s best to respond in writing as soon as possible—ideally within a few days of moving in.
4. What happens if there is a dispute over deductions from my security deposit?
   You may take your dispute to the NH Circuit Court District Division (small claims) if you cannot resolve it directly with your landlord.
5. Are landlords required to disclose all damage before I move in?
   Yes, under RSA 540-A:6, landlords must give a written list of existing damages for your review and signature. This helps protect both parties.

Conclusion: Key Takeaways

• In New Hampshire, landlords must provide a list of pre-existing damage, but tenants should always keep their own detailed records.
• Photos, checklists, and written notes are your best tools to avoid disputes during move-out.
• If disputes arise, you can seek help through the court or state resources. Acting early protects your deposit and rights.

Need Help? Resources for Renters

• NH Department of Justice Landlord-Tenant Rights: Official guidance and resources
• New Hampshire Circuit Court - District Division: Small claims for security deposit and tenancy disputes
• RSA 540-A: New Hampshire Security Deposit Laws
• Dial 211 in New Hampshire for general housing assistance and tenant resources

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1. New Hampshire Revised Statutes Annotated (RSA) 540-A:6 - Security Deposits: Condition of Premises
2. New Hampshire Circuit Court District Division – Residential Tenancy Dispute Portal

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