New Hampshire Security Deposit Limits and Return Rules

Understanding security deposit laws can help New Hampshire renters protect their finances and avoid disputes at the end of a tenancy. This guide explains the state’s rules on deposit limits, deadlines for returning the deposit, required documentation, and how to take action if there’s a problem.

How Much Can Landlords Charge for a Security Deposit?

In New Hampshire, landlords generally cannot charge more than one month’s rent or $100 (whichever is greater) as a security deposit.^[1] However, if the apartment is in an owner-occupied building containing six units or fewer, this limit may not apply. It’s wise to ask your landlord and review your lease carefully to confirm the amount charged.

• If your monthly rent is $1,200, the maximum security deposit is $1,200.
• If your monthly rent is $80, the maximum would be $100 (the greater amount).
• This limit excludes advance rent or pet deposits (which may be separate).

Rules for Holding and Returning Your Deposit

New Hampshire law requires landlords to handle your deposit responsibly while you live in the rental and when your lease ends:

• Landlords must provide a written receipt for your security deposit within five days, unless you paid with a check that clearly indicates the payment is a deposit.
• If the building has six or more units, landlords must place your deposit in a separate, interest-bearing account at a New Hampshire bank.
• Landlords must return your security deposit—or a written list of deductions—within 30 days of the lease ending and you moving out.

If you provide a forwarding address in writing, the landlord must send your deposit or itemized statement to that address. If you don’t provide one, it will be sent to your last known address.

What Can Be Deducted from a Security Deposit?

Landlords may keep part (or all) of your deposit only for these legally allowed reasons:

• Unpaid rent or late fees owed
• Unpaid utility bills that were the tenant’s responsibility
• Cost of repairing damages beyond normal wear and tear
• Costs of dealing with trash or belongings left behind without permission

Receiving Your Deposit and the Required Itemized List

Within 30 days after you move out, landlords must:

• Return your full deposit, or
• Send you a signed, written, itemized list of each deduction from the security deposit, including how the amount was calculated and receipts or estimates for repairs.

If you disagree with a deduction or do not receive your deposit or statement on time, you may take further action (see below).

Official Forms for Security Deposit Disputes

While New Hampshire does not require a specific “security deposit return” form, you may use the following to assert your rights or file a complaint:

• Request for Return of Security Deposit (simple letter)
  When & How to Use: Write a dated letter to your landlord if the return deadline passes. State your forwarding address and ask for your deposit or an itemized deduction statement within a required time (keep a copy). Find sample language in the NH Department of Justice Security Deposits guide.
• Landlord/Tenant Petition (NHJB-2333-DP)
  When & How to Use: If a landlord does not return your deposit or disputes remain, you can file this petition with your local Circuit Court, District Division. For step-by-step instructions and the official form, visit the NH Judiciary - Landlord Tenant Petition (NHJB-2333-DP).

Where to Go: Tribunal Handling Security Deposit Claims

Security deposit disputes in New Hampshire are handled by the New Hampshire Circuit Court, District Division.

Legal Authority: New Hampshire Landlord-Tenant Act

All rights and obligations come from NH RSA 540-A:6 (Security Deposits), part of the New Hampshire Landlord-Tenant Act.^[1]

Frequently Asked Questions

1. How long does a landlord have to return a security deposit in New Hampshire?
   Landlords must return the security deposit, or a written list of deductions, within 30 days after the tenant moves out.
2. Can my landlord charge me for normal wear and tear?
   No. Landlords can only deduct for damages beyond normal wear and tear—not for expected aging or use of the unit.
3. What happens if my landlord doesn’t return my deposit on time?
   You may send a written demand and, if necessary, file a Landlord/Tenant Petition in the New Hampshire Circuit Court to recover your deposit, plus possible damages.
4. Does my deposit have to earn interest?
   Yes, if you rent in a building with six or more units, your deposit must be in a separate account that earns interest. Smaller buildings are exempt.
5. Do I need a lawyer to file a security deposit complaint?
   No lawyer is required for small claims or to file a Landlord/Tenant Petition, but you may choose to seek legal advice.

Key Takeaways

• Security deposits are usually limited to one month’s rent in New Hampshire.
• Landlords have 30 days to return your deposit or provide an itemized list of deductions.
• Follow official procedures and use provided resources to resolve disputes.

Need Help? Resources for Renters

• NH Department of Justice: Security Deposits Overview
• New Hampshire Housing: Renters’ Rights and Responsibilities
• New Hampshire Circuit Court, District Division – Landlord-Tenant Cases
• NH Legal Assistance: Housing Support

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1. NH RSA 540-A:6 (Security Deposits), New Hampshire Legislature
2. NH Department of Justice: Security Deposits Consumer Sourcebook
3. NH Landlord/Tenant Petition (NHJB-2333-DP), Official Form

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