New Hampshire Landlord-Tenant Law

Maximum deposit

Landlords may not collect a security deposit above one month's rent or $100, whichever is greater (RSA 540-A:6, I(a)). (RSA 540-A:6, I(a), RSA 540-A:5, I)

Return deadline

Landlords must return the deposit, plus any interest due, within 30 days after the tenancy ends (RSA 540-A:7, I). (RSA 540-A:7, I)

Itemized deductions

Landlords who deduct for damages must give a written, itemized list describing the repairs with evidence such as receipts or estimates (RSA 540-A:7, I–II). (RSA 540-A:7, I–II)

Interest on deposits

Landlords who hold a deposit for a year or longer must pay the tenant the interest it earns at the holding bank's savings rate (RSA 540-A:6, IV). (RSA 540-A:6, IV)

Penalty for wrongful withholding

A landlord who fails to return the deposit or pay interest as required owes twice the deposit plus interest, less lawful deductions (RSA 540-A:8, I(b)). (RSA 540-A:8, I)

Late-fee limit

New Hampshire has no statute capping residential late fees, so the amount comes from the lease (RSA chs. 540 and 540-A contain no late-fee limit). (RSA ch. 540-A (silent), RSA ch. 540 (silent))

Grace period

New Hampshire law does not require a grace period before a late fee may be charged, so any grace period comes from the lease (RSA chs. 540 and 540-A are silent). (RSA ch. 540 (silent), RSA ch. 540-A (silent))

A New Hampshire landlord may not enter a tenant's unit without the tenant's prior consent except to make emergency repairs or under a court order, and tenants may not refuse access at a reasonable time after notice that is adequate under the circumstances (RSA 540-A:3, IV, V, V-d). (RSA 540-A:3, RSA 540-A:4)

Ending a New Hampshire month-to-month residential tenancy takes 30 days' written notice either way, and for most rental property a landlord also needs one of the statutory grounds, which include 'other good cause' such as a legitimate business reason (RSA 540:2, 540:3, II, 540:11, II). (RSA 540:2, RSA 540:3, RSA 540:11, RSA 540:1-a)

A New Hampshire landlord must give written notice of the new rent amount and its effective date at least 30 days before an increase for a tenant's refusal to pay it to count as good cause for eviction (RSA 540:2, IV). (RSA 540:2)

New Hampshire has no rent control law; the landlord-tenant chapters (RSA 540 and 540-A) set notice rules for rent increases but no cap on the amount. (RSA 540:2, IV, RSA ch. 540-A (table of contents))

When you take a deposit, give a signed receipt saying how much and where it is held (unless paid by check), tell the tenant in writing they have 5 days after move-in to list needed repairs, and give the federal lead-paint disclosure for pre-1978 housing (RSA 540-A:6, I; 42 U.S.C. § 4852d). (RSA 540-A:6)

• Signed receipt stating the deposit amount and where the deposit (or bond) is held (On receiving the deposit, unless it was paid by personal, bank or agency check) — RSA 540-A:6, I(b)-(c)
• Written notice that the tenant may give the landlord a list of conditions needing repair within 5 days of occupancy (With the deposit receipt, or in writing whenever a deposit is taken) — RSA 540-A:6, I(b)-(c)
• Lead-based paint disclosure and EPA pamphlet (Housing built before 1978) — 42 U.S.C. § 4852d; 40 CFR Part 745 Subpart F

Unpaid rent

For unpaid rent, demand the rent and then serve a written 7-day eviction notice that states the reason and tells the tenant they can stop the eviction by paying the arrears, $15 liquidated damages and costs before the hearing (RSA 540:2, II(a); 540:3, II and IV; 540:9). (RSA 540:3, RSA 540:2, II(a), RSA 540:9)

Lease violations

To evict for failing to comply with a material lease term, serve a written 30-day eviction notice stating the reason; 7 days is enough only for substantial damage or behavior threatening others' health or safety (RSA 540:2, II(b)-(d); 540:3, II-III). (RSA 540:3, RSA 540:2)