New Hampshire security deposit: 30 days to get it back
Within 30 days from the termination of the tenancy, the landlord must return the deposit plus any interest due, less lawful deductions. Allowed deductions are repair of damage beyond normal wear, unpaid rent or other lawful lease charges, and the tenant's share of real estate tax increases if the lease requires it.
What the law requires
- Itemized statement
- Damage claims must be itemized in writing: each item describes the repair needed and gives proof it is or will be completed (receipts, estimates, bills or invoices). Unpaid rent, tax share or other charges must be itemized with particularity, including the period each covers.
- Forwarding address
- The tenant should give the landlord a new address in writing when the tenancy ends. Under RSA 540-A:8, II, a landlord is not liable if noncompliance results from the tenant's failure to give a new address, and funds unclaimed 6 months after termination become the landlord's absent fraud.
- If the landlord breaks the rules
- A landlord who fails to comply with the interest rule (540-A:6, IV) or the return rule (540-A:7) is liable for twice the security deposit plus any interest due, less payments made and lawful charges. Other violations (excess deposit, no receipt, commingling) are treated as consumer protection act violations with separate remedies.
- Deposit cap
- A covered landlord may not demand or receive more than the greater of one month's rent or $100 (RSA 540-A:6, I(a)). Details differ slightly where rent is paid quarterly or less often.
- Small claims limit
- $10,000 in Circuit Court, District Division (small claims)
- Statute
- N.H. RSA 540-A:5 to 540-A:8
Local rules
Under RSA 540-A:5, a person renting a single-family home who owns no other rental property is not a 'landlord', nor is an owner-occupying a building of 5 units or less (unless a unit is occupied by someone 60 or older). Vacation and recreational rentals are excluded.
If your landlord misses the deadline
- Write down your dates and gather proof: move-out date, the date you gave your forwarding address, the deposit amount, and anything the landlord sent. Photos and receipts help.
- Send a written demand by certified mail, keep the receipt, and cite N.H. RSA 540-A:5 to 540-A:8. Give a date to respond.
- If you still aren't paid, file in Circuit Court, District Division (small claims). Deposit claims up to $10,000 can be filed there, usually without a lawyer. Check the court's website for current filing fees and forms.
What a New Hampshire demand letter looks like
Re: Demand for return of security deposit / Rental address: [Street address, unit, city, state ZIP]
Dear [Landlord name]:
I rented the property above from you under a lease that began on [lease start date]. I paid a security deposit of $[deposit amount] on [date paid]. I moved out and returned possession on [move-out date].
My forwarding address is [forwarding address]. Please send my deposit and any required statement to that address.
[A.] I have not received my deposit or an itemized statement of deductions. Under N.H. RSA 540-A:5 to 540-A:8, a landlord must return a tenant's security deposit, or send an itemized statement of any deductions, within 30 days after the tenant moves out. That deadline passed on [deadline date].
Preview of the first part of letter one. Yellow marks the parts you fill in.
Common questions
How long does a landlord in New Hampshire have to return a security deposit?
Within 30 days from the termination of the tenancy, the landlord must return the deposit plus any interest due, less lawful deductions. Allowed deductions are repair of damage beyond normal wear, unpaid rent or other lawful lease charges, and the tenant's share of real estate tax increases if the lease requires it.
What happens if a New Hampshire landlord keeps the deposit wrongfully?
A landlord who fails to comply with the interest rule (540-A:6, IV) or the return rule (540-A:7) is liable for twice the security deposit plus any interest due, less payments made and lawful charges. Other violations (excess deposit, no receipt, commingling) are treated as consumer protection act violations with separate remedies.
Do I have to give my New Hampshire landlord a forwarding address?
The tenant should give the landlord a new address in writing when the tenancy ends. Under RSA 540-A:8, II, a landlord is not liable if noncompliance results from the tenant's failure to give a new address, and funds unclaimed 6 months after termination become the landlord's absent fraud.
Where do I sue for my deposit in New Hampshire?
Deposit claims up to $10,000 can be filed in Circuit Court, District Division (small claims). Check the court's website for current filing fees and forms.
Other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
- District of Columbia
Rules reviewed October 2026. Laws change, so confirm with the statute before you rely on this page.