How to Get Your Security Deposit Back in New Hampshire

Moving out of a rental in New Hampshire? Many renters are anxious about their security deposit—how to get it back, how long it takes, and what landlords can legally deduct. Understanding your rights under New Hampshire law and following the correct steps can maximize your chances of a full refund. This guide walks you through everything you need to know, in plain language.

Understanding Security Deposits in New Hampshire

In New Hampshire, landlords can require a security deposit to protect themselves against unpaid rent, damage beyond normal wear and tear, or other breaches of the lease. State law sets clear rules around how much can be asked, when you should get it back, and what landlords must do if they plan to keep any of your money.

• Maximum deposit: 1 month's rent or $100, whichever is greater^[1]
• Landlords must provide a written statement of deductions, if any
• You are entitled to interest on your deposit if the lease is over one year

Key Steps to Secure a Full Refund

Taking these actions before and after you move out can help you recover your full deposit:

1. Give Proper Written Notice

• Check your lease for the required notice period—most leases require at least 30 days' written notice before moving out.
• Use a written notice and keep a copy for your records.

2. Document the Move-Out Condition

• Clean thoroughly and address any damage you've caused (not normal wear and tear).
• Take date-stamped photos or videos of every room, showing the condition at move-out.

3. Request a Walkthrough (Move-Out Inspection)

• Ask your landlord for a move-out inspection before you leave. You're not legally required to have one, but it can help resolve disputes.
• Bring your photos and move-in inspection list (if you have one) to compare.

4. Provide Your Forwarding Address in Writing

• State law requires you to give a "forwarding address" in writing so the landlord knows where to send your deposit.
• Send it by certified mail or email—keep proof you sent it!

5. Know Your Timeline: Getting Your Deposit Back

• A landlord must return your deposit, with an itemized list of any deductions, within 30 days after you move out and provide a forwarding address^[2].
• If they miss this deadline, you may be entitled to double the amount wrongfully withheld, plus legal costs, under New Hampshire law.

Security Deposit Deductions: What’s Allowed?

Landlords can only deduct for:

• Unpaid rent
• Repair of damages beyond normal wear and tear
• Other damages as specified in your lease

Deductions cannot be made for normal wear (e.g., minor scuff marks, faded paint). If your landlord withholds part of your deposit, they must provide a written itemized statement detailing the reasons.

What If My Landlord Doesn’t Return My Deposit?

If you do not receive your deposit or a written statement of deductions within 30 days, you have options:

• Send a demand letter to your landlord requesting immediate payment
• File a complaint in the New Hampshire Circuit Court – District Division (the tribunal overseeing residential tenancy disputes)

Refer to RSA 540-A:6 (New Hampshire Security Deposit Law) for your rights and legal remedies.

Official Forms for New Hampshire Renters

• Small Claims Complaint Form (NHJB-2346-DP): Use this if your landlord unlawfully withholds your deposit. File at the District Division of the Circuit Court. Download the official Small Claims Complaint Form. Example: Jane moves out, provides her address, and her landlord keeps the deposit without explanation. Jane files this form to claim the money back.
• Forwarding Address Notification: While there’s no required official form, write a dated, signed letter that clearly states your forwarding address. Example: “Dear Landlord, effective July 1, my forwarding address for purposes of the security deposit is...” You can find reporting guidance at the New Hampshire Department of Justice Consumer Sourcebook.

FAQ: New Hampshire Security Deposits

1. How long does my landlord have to return my deposit?
   Your landlord must return your security deposit, plus interest if applicable, within 30 days after you move out and provide your forwarding address.
2. Can my landlord keep my deposit for cleaning?
   The landlord can only deduct for cleaning if it’s to repair damage beyond normal wear and tear. Routine cleaning is not deductible.
3. What if my landlord doesn't send me an itemized list?
   If your landlord withholds money but doesn’t provide an itemized written statement within 30 days, you may take legal action to recover your full deposit (or double).
4. Can I sue if my deposit isn’t returned?
   Yes, you can use the Small Claims Complaint Form (NHJB-2346-DP) to file a case in the New Hampshire Circuit Court – District Division.
5. What is considered normal wear and tear?
   Normal wear and tear means minor damage from everyday use—like faded paint or minor carpet wear. Major stains, holes, or damage go beyond this.

Key Takeaways for Renters

• Give written notice and provide your forwarding address to your landlord
• Document your apartment’s condition before moving out
• Understand your legal rights; act quickly if your deposit isn’t returned on time

Need Help? Resources for Renters

• New Hampshire Office of Planning & Development: Tenant and Landlord Rights
• New Hampshire Circuit Court – District Division (Residential Tenancy Disputes)
• NH Department of Justice: Security Deposit Information
• New Hampshire Legal Aid (for low-income renters)

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1. RSA 540-A:6 Security Deposits (New Hampshire Statutes)
2. NH Security Deposit Law: Tenant and Landlord Guidance

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