New Hampshire Security Deposit Laws: What Renters Need to Know

Understanding your rights as a renter in New Hampshire is crucial, especially when it comes to your security deposit. New Hampshire's laws offer several important protections for tenants regarding how security deposits are handled, how much can be charged, and what to do if you need your deposit returned after moving out. Knowing these details empowers you to protect your money and ensure fair treatment.

How Security Deposits Work in New Hampshire

New Hampshire law sets clear rules on security deposits, including maximums, allowable deductions, deadlines for return, and the process for disputing unjust deductions. The key legislation governing this topic is the New Hampshire RSA 540-A: Residential Rental Practices.¹

Security Deposit Limits and Handling

• Deposit Maximum: Landlords can charge a security deposit of up to one month's rent or $100, whichever is greater.²
• Separate Account: Landlords must keep security deposits in a separate bank account, which cannot be mixed with other funds.
• Receipt Requirement: Renters are entitled to a written receipt stating where their security deposit is held if they request it.

When and How Security Deposits Must Be Returned

At the end of your tenancy, your landlord has a strict timeline and process to follow:

• Refund Deadline: The deposit must be returned within 30 days after you move out and return the keys (or 20 days if your rental is in a building with fewer than six units and your landlord resides there).
• Written Statement Required: If the landlord withholds any part of your deposit, they must provide a written itemized list of deductions sent to you within the same deadline.
• Permitted Deductions: These include unpaid rent, damages beyond normal wear and tear, or reasonable cleaning costs to bring the unit back to its original condition.

If Your Security Deposit Isn't Returned

If your landlord does not return your deposit or give you a written explanation within the legal time limit, renters have tools to request or recover their money:

Key Form: Security Deposit Demand Letter

• Form Name: "Request for Return of Security Deposit" (no official state form number)
• When to Use: If your landlord fails to return your security deposit or provide an itemized statement within 30 days, you should send a written demand letter requesting the return.
• Where to Get It: Template and instructions from the NH Attorney General
• Example: Maria moved out and did not receive her deposit after 30 days. She sent the written request, which the landlord is then legally required to respond to within 20 days.

Seeking Help from the Courts

• If your landlord still does not return your deposit after you send your written request, you may file a claim in the New Hampshire Circuit Court - District Division.
• This is the official body that handles disputes between tenants and landlords in New Hampshire.
• You can use the court's Small Claims Complaint (NHJB-2205-D) form for amounts up to $10,000.
• Filing fee and instructions are detailed on the NH Judicial Branch's Small Claims Filing page.

How to File a Small Claim for a Security Deposit

• Make sure you have documentation: your lease, the demand letter, move-out inspection records, and correspondence with your landlord.
• Download and complete the Small Claims Complaint form (NHJB-2205-D).
• File the form with your local Circuit Court - District Division.
• You may request up to twice the amount of your deposit as damages, as allowed under RSA 540-A:8 if your landlord acted in bad faith.³

Your Rights and Responsibilities

While security deposit laws protect tenants, renters must also:

• Give written notice before moving out (according to your lease and state law)
• Provide a forwarding address in writing
• Allow a final inspection, if requested
• Return all keys to the landlord

Proper communication and documentation help ensure a smooth return of your security deposit.

FAQs: Security Deposit Laws and Tenant Protections

1. How much can a landlord charge for a security deposit in New Hampshire?
   Under New Hampshire law, the maximum is one month's rent or $100, whichever is greater.
2. How long does a landlord have to return my security deposit?
   Landlords must return the deposit (or provide a written itemized list of deductions) within 30 days of the end of the tenancy (or 20 days for certain small properties).
3. What if my landlord won't return my security deposit?
   Send a written demand using the NH Attorney General’s template. If still not returned, you can file in small claims court for up to twice the deposit plus costs.
4. Can my security deposit be used for normal wear and tear?
   No. Deductions can only be made for damage beyond normal wear and tear, unpaid rent, or cleaning to return the property to original condition.
5. Where can I get help if I have a security deposit dispute?
   Contact the NH Judicial Branch or legal services (see resources below for official links).

Conclusion: Key Takeaways for New Hampshire Renters

• There are clear legal limits and protections for security deposits in New Hampshire.
• Always document your move-out and provide your forwarding address in writing.
• Use official resources and forms if your deposit is unfairly withheld—tenant protections are on your side.

Need Help? Resources for Renters

• New Hampshire Circuit Court - District Division (Tenant-Landlord Disputes)
• RSA 540-A: New Hampshire Residential Rental Practices (full legislation)
• NH Attorney General: Security Deposit Resources (forms, templates, and guidance)
• New Hampshire Legal Assistance - Tenant Help

---

1. RSA 540-A: New Hampshire Residential Rental Practices
2. RSA 540-A:6 — Security Deposits
3. RSA 540-A:8 — Damages for Bad Faith Retention

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations