New Hampshire Security Deposit
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New Hampshire has some of the most tenant-protective security deposit laws in the country. The state imposes a deposit cap of 1 month’s rent or $100, whichever is greater, requires landlords to return deposits within 30 days, and backs these rules with meaningful penalties for noncompliance.

Landlords are also required to pay interest on security deposits. These protections are codified in N.H.

Rev. Stat.

§ 540-A:6.

Tenants who know New Hampshire's security deposit rules can hold landlords accountable for wrongful withholding — landlords who fail to comply face penalties reaching double the deposit amount. This page covers every aspect of New Hampshire's security deposit law: maximum deposit amounts, return deadlines, allowable deductions, and the specific penalties for violations.

New Hampshire's Real Estate Transfer Tax does not affect security deposits, which are governed solely by RSA § 540-A:6. New Hampshire's double-damage penalty requires proof of 'unjustified' withholding — landlords have some discretion to contest disputed damage.

New Hampshire does not have local rent control ordinances modifying state deposit rules. New Hampshire's small claims limit is $10,000.

New Hampshire courts have been relatively landlord-friendly on normal wear and tear — routine carpet replacement and painting after 3–5 year tenancies have been allowed as deductions in some cases. New Hampshire's 1-month deposit cap is relatively low by New England standards; pet deposits must fit within this cap.

Service animals are exempt from pet deposits under federal law.

Under N.H. Rev.

Stat. § 540-A:6, New Hampshire limits security deposits to 1 month’s rent or $100, whichever is greater.

This cap applies to the security deposit itself and typically does not include last month's rent, pet deposits, or other fees that may be collected separately under New Hampshire law. Landlords who collect more than the statutory maximum may be required to reimbursement the excess and could face additional penalties.

The deposit limit in New Hampshire is designed to prevent landlords from demanding excessive upfront payments that create barriers to housing access. For a rental with monthly rent of $1,500, the maximum security deposit under New Hampshire law would be calculated based on the 1 month’s rent or $100, whichever is greater formula.

Tenants should verify that the total amount collected at move-in does not exceed the statutory cap, and should request a receipt documenting the deposit amount, the date paid, and the account where the deposit is held.

New Hampshire tenants should be aware that security deposits are separate from other move-in costs. Application fees, pet fees, cleaning deposits, and last month's rent are distinct charges that may or may not be subject to separate regulations.

Read your lease carefully to understand exactly what each payment covers and whether it is reimbursable.

New Hampshire law requires landlords to return security deposits within 30 days after the tenant vacates the rental unit. This deadline is strict — this is roughly in line with the national average for deposit return deadlines.

The clock typically starts when the tenant surrenders possession of the unit and returns all keys.

Along with the deposit (or any remaining balance after deductions), the landlord must provide an itemized written statement listing each deduction. New Hampshire law specifically requires this itemization, and failure to provide it within the statutory window can result in the landlord forfeiting the right to retain any portion of the deposit.

Each deduction must be documented — vague entries like "cleaning" or "damages" without specifics are generally insufficient.

To protect your rights as a tenant in New Hampshire, always provide your landlord with a forwarding address in writing when you move out. Some states require the forwarding address before the return deadline begins to run.

Take date-stamped photos or video of the unit at both move-in and move-out to document the property's condition. If the landlord fails to return the deposit or provide an itemization within 30 days, send a written demand letter via certified mail before pursuing legal action.

Under New Hampshire law, landlords may deduct from the security deposit for the following: unpaid rent, damage beyond normal wear and tear. These deductions must be reasonable, documented, and itemized in the statement provided to the tenant.

Landlords cannot deduct for normal wear and tear — this is a critical distinction that is frequently disputed between landlords and tenants.

Normal wear and tear in New Hampshire generally includes minor scuffs on walls, worn carpet from everyday foot traffic, small nail holes from hanging pictures, faded paint due to sunlight exposure, and minor door or window wear. Damage beyond normal wear includes large holes in walls, stained or burned carpet, broken windows, unauthorized modifications, pet damage, and excessive filth requiring professional cleaning.

The line between wear and damage is not always clear, which is why move-in and move-out condition documentation is critical.

While New Hampshire does not require a formal walk-through inspection before move-out, tenants can request one. A pre-move-out inspection gives you the chance to fix any issues the landlord identifies, potentially saving deductions from your deposit.

Even without a formal requirement, conducting your own thorough inspection with date-stamped photos on the day you move out creates a strong evidence trail if you need to dispute deductions later.

New Hampshire is one of 14 jurisdictions that require landlords to pay interest on security deposits. Specifically: must pay interest if held for 12+ months; rate set by state banking department.

This requirement recognizes that the tenant's money is being held by the landlord for the duration of the tenancy and should earn a return for the tenant.

Landlords in New Hampshire must track interest owed on each deposit and either pay it directly to the tenant (typically on an annual basis) or credit it toward rent. Failure to pay required interest can constitute a violation of N.H.

Rev. Stat.

§ 540-A:6 and may entitle the tenant to additional damages. Tenants should keep records of deposit dates and amounts to verify that interest is being calculated correctly.

New Hampshire does not require landlords to hold security deposits in a separate or escrow account. This means a landlord may commingle the deposit with personal or business funds, which carries some risk for tenants if the landlord faces financial difficulties.

Approximately 16 jurisdictions require separate accounts for deposit funds. New Hampshire tenants may want to ask their landlord where the deposit is being held, even though disclosure is not always required by law.

The penalties for security deposit violations in New Hampshire are significant. Under N.H.

Rev. Stat.

§ 540-A:6: tenant may recover double the deposit wrongfully withheld. These penalties apply when a landlord fails to return the deposit within the statutory deadline, makes improper deductions, or fails to provide the required itemized statement.

New Hampshire's double-damages provision means that a landlord who wrongfully withholds a $2,000 security deposit could owe $4,000 to the tenant, plus any attorney fees and court costs awarded. This penalty applies when the landlord's withholding is found to be willful or in bad faith — an honest mistake in calculating deductions may not trigger the penalty multiplier, but failing to return the deposit at all almost certainly will.

To pursue a security deposit claim in New Hampshire, tenants typically file in small claims court, which handles disputes up to a specified dollar amount without requiring an attorney. The process involves filing a complaint, paying a small filing fee, and presenting evidence at a hearing.

Key evidence includes the lease, proof of deposit payment, move-in and move-out photos, the landlord's itemized deductions statement (or lack thereof), and any correspondence about the deposit. Many New Hampshire courts also offer mediation services that can resolve deposit disputes faster than a full hearing.

Security deposit disputes are often part of a broader landlord-tenant conflict. If the dispute escalates to eviction, the New Hampshire Eviction Timeline Calculator shows notice periods and court timelines by cause of action.

For landlords buying rental property and evaluating upfront costs, the New Hampshire Closing Cost Estimator provides a detailed breakdown of purchase transaction fees. And for landlords structuring ownership in an LLC, the New Hampshire LLC Formation Cost Calculator covers state filing fees and registered agent costs.

If your security deposit dispute has become a larger landlord-tenant legal matter, find a New Hampshire tenant rights attorney.