New Hampshire Security Deposit 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)

Greater of one month's rent or $100

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 statement of 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 the deposit

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)

Deposits held one year or longer earn interest at the savings-account rate of the NH bank, savings and loan or credit union holding it (actual pooled-account interest if commingled); tenant may request accrued interest every 3 years.

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)

Where the deposit is held

New Hampshire deposits remain the tenant's money and must be held in trust, never mixed with the landlord's own funds, though all deposits may share one trust account at a New Hampshire bank, savings and loan or credit union (RSA 540-A:6, II(a)-(b)). (RSA 540-A:6)

Instead of the trust account, a landlord may post a bond from a New Hampshire company with the city or town clerk equal to the deposits held there (RSA 540-A:6, II(c)). On request the landlord must disclose the bank, account number, amount and interest rate.

Receipt or written notice of the deposit

On receiving a deposit, a New Hampshire landlord must promptly hand over a signed receipt showing the amount and where the deposit or bond is held, unless the tenant paid by personal, bank or agency check (RSA 540-A:6, I(b)-(c)). (RSA 540-A:6)

The receipt must also tell the tenant to note needed repairs on it or send them in writing within 5 days of occupancy; that 5-day notice is required even when no receipt is. Violations of 540-A:6, I-III are treated as Consumer Protection Act violations (RSA 540-A:8, I(a)).

Move-in condition checklist

New Hampshire landlords must tell tenants in writing that they have 5 days after moving in to give the landlord a list of conditions needing repair (RSA 540-A:6, I(b)-(c)). (RSA 540-A:6)

The notice goes on the deposit receipt or, when the deposit was paid by check, in a separate written notice. The statute requires notice of the tenant's right to list conditions, not a joint inspection.

Pet deposits

New Hampshire has no separate pet-deposit allowance: because every payment beyond monthly rent counts as security, a pet deposit falls inside the cap of one month's rent or $100, whichever is greater (RSA 540-A:5, II; 540-A:6, I(a)). (RSA 540-A:5, RSA 540-A:6)

A pet deposit is refundable on the same terms as any other deposit and is combined with it for the cap. No pet-specific statute was found.

Nonrefundable fees

In New Hampshire any money collected beyond monthly rent is a security deposit regardless of its label, and application or renewal fees must be disclosed in writing beforehand, with anything above actual screening and administrative costs refunded within 30 days to an applicant who is not housed (RSA 540-A:5, II; 540-A:3, VIII). (RSA 540-A:5, RSA 540-A:3)

A 'nonrefundable' cleaning or move-in charge is treated as part of the capped, refundable deposit. The application-fee rule (RSA 540-A:3, VIII, added by Laws 2024, ch. 46) sets no dollar cap.

Small-landlord exemptions

New Hampshire's deposit rules do not cover someone who rents out a single-family home and owns no other rental property, or who rents units in an owner-occupied building of 5 units or fewer, except for units occupied by someone 60 or older (RSA 540-A:5, I). (RSA 540-A:5)

Exempt owners are not 'landlords' for RSA 540-A:5 to 540-A:8, so the cap, receipt, trust-account, interest, 30-day return and double-damages rules do not apply to them; vacation and recreational rentals are also outside the definition.

Deposit alternatives and installments

New Hampshire has no statute on tenant-side deposit alternatives such as surety products, deposit-waiver fees or installment plans (RSA 540-A:5 to 540-A:8). (RSA 540-A:5, RSA 540-A:6)