Prepaid Rent Rules for Renters in New Hampshire

Prepaid rent can be confusing for many renters in New Hampshire. Understanding your rights and your landlord’s obligations can help you avoid misunderstanding and protect your finances. This article covers essential regulations and resources for renters around prepaid rent in the Granite State.

What Is Prepaid Rent, and How Is It Regulated in New Hampshire?

Prepaid rent is any payment you make in advance covering rent periods beyond the upcoming month. In New Hampshire, there are clear limits on how much a landlord can require you to prepay, separate from security deposits.

• Under state law, landlords cannot demand more than one month’s rent in advance, not counting a security deposit.^[1]
• A security deposit cannot exceed one month’s rent or $100, whichever is greater.^[1]
• Landlords cannot call a required advance payment a “last month’s rent” unless it directly pays for your last month living in the rental.

Discuss any request for additional prepaid rent clearly with your landlord and get all terms in writing.

Prepaid Rent vs. Security Deposits

It’s important to know the difference:

• Prepaid rent pays for a future rental period.
• Security deposits are held as security against damage beyond normal wear, unpaid rent, or utilities.

How Landlords Must Handle Prepaid Rent in New Hampshire

State law requires landlords to:

• Provide a receipt for any prepaid rent received.
• Not commingle (mix) prepaid rent or deposits with their own funds.
• Apply prepaid rent only to the period agreed upon in your lease.

If you have trouble getting receipts or clarity on how your payment is being handled, request documentation from your landlord in writing. If the issue isn’t resolved, there are official avenues for support—see below for contacts.

Official Forms and Documentation

Currently, New Hampshire does not require a specific state-wide form for paying or acknowledging prepaid rent. However, security deposit receipts are often requested, and a written rental agreement is strongly recommended.

• Security Deposit Receipt (no form number):
  • Used when your landlord accepts a security deposit. Should include the amount, date received, and information about the bank where it will be held.
  • Ask your landlord for this document, or draft a simple receipt and request their signature.
  • See sample guidelines from the New Hampshire Department of Justice’s Landlord/Tenant Guide.
• Complaint Form – New Hampshire Consumer Protection Bureau
  • Use this to report landlords demanding illegal prepaid rent or mishandling deposits.
  • Submit online or by mail with supporting documents.
  • NH Consumer Complaint Form

Who Enforces Rent Laws in New Hampshire?

Disputes about prepaid rent or deposits may be resolved through the New Hampshire Circuit Court – District Division, which handles landlord-tenant cases. For information and filing guides, visit the New Hampshire Circuit Court.

Relevant Legislation

The main law affecting tenant and landlord rights regarding prepaid rent is the New Hampshire RSA 540-A: Six (Residential Landlord and Tenant Act). This sets maximum limits, defines terms, and explains procedures and penalties.

What To Do if You Have a Prepaid Rent Dispute

If you believe your landlord has violated prepaid rent rules:

• Document all conversations, agreements, and payments.
• Communicate clearly and in writing, requesting receipts or clarifications.
• If unresolved, file a complaint with the state’s Consumer Protection Bureau.
• Consider filing a claim at the NH Circuit Court District Division.

If you’re unsure how to proceed, free legal help may be available—see the resource section below.

Frequently Asked Questions

1. Can my landlord demand more than one month’s rent up front in New Hampshire?
   No. By law, additional prepaid rent cannot exceed one month’s rent, and this is separate from any security deposit.
2. Is there a difference between "last month’s rent" and a security deposit?
   Yes. "Last month’s rent" is payment for future occupancy, while a security deposit is held for potential damages or unpaid rent.
3. If I move out early, does my landlord have to refund prepaid rent?
   Usually yes, unless your rental agreement specifically states it is non-refundable, and the landlord is able to re-rent your unit promptly.
4. How do I report my landlord if they break prepaid rent laws?
   File a complaint with the NH Consumer Protection Bureau and, if needed, file a case in district court.
5. Where can I find official help with prepaid rent or deposit problems?
   Contact the New Hampshire Circuit Court for legal disputes and the Consumer Protection Bureau for complaints (see resources below).

Key Takeaways for Renters

• Landlords can only require one month’s rent as prepaid rent and one month as a security deposit.
• Keep all documentation and use official channels if issues arise.
• Free support and resources are available through state government and legal aid groups.

Need Help? Resources for Renters

• NH Department of Justice Landlord/Tenant Guide
• NH Consumer Protection Bureau Complaint Form
• NH Circuit Court – Landlord-Tenant Self-Help (dispute resolution and small claims)
• New Hampshire Legal Aid (free legal assistance for qualifying renters)

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1. New Hampshire RSA 540-A:6, Residential Landlord and Tenant Law
2. NH Department of Justice Landlord/Tenant Guide

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