Pet Rent Laws for New Hampshire Renters: Rules & Limits

If you rent in New Hampshire and live with a dog, cat, or other animal, you may wonder if your landlord can charge extra pet rent or deposits. Knowing the state’s laws can help you avoid unfair fees and understand your renter rights regarding pets.

Can Landlords Charge Pet Rent in New Hampshire?

Yes, New Hampshire landlords are legally allowed to charge pet rent, pet deposits, or increased security deposits if a renter has a pet, unless the pet is an assistance animal (such as a service animal or emotional support animal). Assistance animals are protected under both federal and state law, and landlords cannot charge extra fees for them.

Is There a Cap on Pet Rent or Pet Deposits?

While there is no specific cap on monthly pet rent, New Hampshire does place a limit on the total amount of security deposit a landlord can collect. According to New Hampshire RSA 540-A:6:

• The total security deposit (including any pet deposit) cannot exceed one month’s rent or $100, whichever is greater.
• Monthly "pet rent" is not subject to this cap. Landlords may charge an extra rental fee on top of your base rent for having a pet.

This means your upfront pet-related deposits are limited, but recurring monthly pet rent can legally be set by the landlord, as long as the terms are in your lease.

What About Assistance Animals?

Under state and federal law, assistance animals (including service animals and emotional support animals) are not considered pets. Landlords cannot refuse to rent, or impose extra fees or deposits, because of an assistance animal.
See guidance from the NH Commission for Human Rights on Assistance Animals for more information.

Official Tribunal for Tenant-Landlord Disputes

In New Hampshire, landlord-tenant disputes (such as security deposit issues) are generally handled in the local District Division of the Circuit Court. There is no separate residential tenancy board; court procedures apply.

Official Forms for Renters

• Security Deposit Dispute Form (Small Claims): Small Claims Writ (NHJB-2201-DP)
  Use this form if you believe your landlord has wrongfully withheld a security deposit, including any pet-related deposit. Example: A renter moves out and the landlord keeps the pet deposit without proper reason.
• Request for Return of Security Deposit: No official form is required. You should make your request in writing. Reference guidance from the NH Judicial Branch Landlord and Tenant Process.

How to Address Pet Rent and Deposit Issues with Your Landlord

If you believe you are being charged illegal pet fees or that your landlord is exceeding deposit limits:

• Review your lease agreement to identify all charges for pets.
• Check the total deposit collected does not exceed one month’s rent or $100, whichever is greater.
• If you have an assistance animal, remind your landlord of the legal exemptions.
• Communicate with your landlord in writing for documentation.
• If the dispute is not resolved, you may file a small claim with the District Division of the Circuit Court.

Related Tenant Legislation: New Hampshire

The primary rental law governing deposits and landlord-tenant relations in New Hampshire is the NH RSA 540-A: Rental Deposit Act. This covers security deposits, fees, and rights around rental housing.

FAQs: Pet Rent and Deposits in New Hampshire

1. Can my landlord charge a separate pet deposit?
   Yes, but the total deposit (including any pet deposit) cannot exceed New Hampshire’s legal cap of one month's rent or $100, whichever is greater.
   
2. Is there a limit on monthly pet rent?
   No, New Hampshire law does not cap monthly pet rent. The landlord can set the amount as long as it’s clearly stated in your lease.
   
3. What if I have a service animal? Do pet rent rules apply?
   No, landlords cannot charge pet rent, deposits, or fees for service animals or emotional support animals.
   
4. How do I get my pet deposit back?
   Within 30 days of moving out, your landlord must return your security deposit (including any pet portion) or provide an itemized list of deductions. Disputes can be addressed in small claims court.
   
5. Where can I file a complaint about illegal pet fees?
   If conversations with your landlord don’t work, you can file a case in the New Hampshire District Division of the Circuit Court or contact the NH Commission for Human Rights if the issue involves assistance animals.
   

Conclusion: Key Takeaways for Renters

• Landlords in New Hampshire can charge monthly pet rent, but total deposits (including pet deposits) have a legal cap.
• Service and assistance animals are exempt from all pet-related fees under fair housing laws.
• Deposit disputes can be taken to small claims court for resolution.

Need Help? Resources for Renters

• NH Judicial Branch: Landlord and Tenant Process
• Small Claims Writ (NHJB-2201-DP) - To dispute deposit deductions
• NH Commission for Human Rights – Assistance Animals
• New Hampshire Rental Deposit Act (RSA 540-A)

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1. RSA 540-A:6 - Security Deposits
2. RSA 540-A - Rental Deposit Act
3. NH Judicial Branch – Landlord and Tenant Process
4. NH Commission for Human Rights – Assistance Animals

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