New Hampshire tenant rights

Guides for New Hampshire renters

Security deposit in New Hampshire

Limit

One month's rent or $100, whichever is larger. A landlord may collect first month's rent with the deposit, but not first and last month's rent plus a deposit. Not covered by the deposit law: a single-family home whose landlord owns no other rental property; tenants under 60 in an owner-occupied building with fewer than six units; and vacation or business rentals.

Deadline to return it

Within 30 days after the tenancy ends, the landlord must return the full deposit with any interest owed, or the rest after allowed deductions. Tell the landlord your new address in writing within a reasonable time (best on or before move-out day); you need to do this to claim double damages.

Itemized list

An itemized list of damages that states the exact repairs needed and includes evidence that the repairs have been or will be done (for example receipts, invoices or labor estimates).

What may be deducted

Unpaid rent, the cost to repair damage beyond normal wear and tear caused by you or your guests, and your share of real-estate tax increases only if a written agreement requires it.

Interest

If the landlord holds the deposit for more than one year: you are owed the interest actually earned in the account where it is kept. Every three years you can ask for the interest (ask at least 30 days before the end of the three-year anniversary).

Separate account

The deposit is held in trust for you and may not be mixed with the landlord's own money (deposits of all tenants may be kept in one account). If you pay by cash or money order, the landlord must give a signed receipt saying which bank holds the deposit and that you have 5 days to give a list of existing damage.

Move-in checklist

You have 5 days after move-in to give the landlord a written list of defects and damage already in the unit. The landlord's receipt must tell you this. Keep a copy.

If the landlord keeps it wrongly

You may sue for twice the amount of the deposit if the landlord fails to return it on time, fails to pay interest owed, or fails to follow the other deposit rules (per New Hampshire legal aid). You must have given your new address within a reasonable time.

Law

RSA 540-A:5 to 540-A:8

How to get your deposit back

1. Before you move out, clean, take dated photos and video of every room, and return all keys.
2. Give your landlord your new address in writing. In New Hampshire: Tell the landlord your new address in writing within a reasonable time (best on or before move-out day); you need to do this to claim double damages.
3. Wait for the deadline: Within 30 days after the tenancy ends, the landlord must return the full deposit with any interest owed, or the rest after allowed deductions.
4. If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
5. If that doesn't work, sue in small claims court. Limit: $10,000 (claims over $5,000 must go to mediation first). Small claims court in New Hampshire on RobinClaim

Full New Hampshire security deposit guide

Repairs in New Hampshire

The landlord's duty

The landlord must provide safe, sanitary housing. State minimum standards include working plumbing without sewage backups, safe wiring, no falling plaster, sound porches, stairs and railings, enough water and a working water heater, no gas leaks, trash containers/removal (unless you agreed to handle it), freedom from pest infestations, and heat that can keep all livable rooms at an average of at least 65 degrees. Many cities and towns have stricter codes. RSA 48-A:14; RSA 540:13-d.

How to ask for repairs

Make repair requests in writing, date them, and keep a copy. If not fixed, report serious problems to your town's code enforcement officer, health officer or building inspector (fire hazards to the fire chief). For insects, bed bugs, mice or rats, the landlord must investigate within 7 days of your notice and take reasonable steps to fix it.

Repair and deduct

No statute allowing repair-and-deduct was found in the sources reviewed.

Withholding rent

Allowed as a defense to a nonpayment eviction if: you gave written notice of the code violations while current on rent, the landlord did not fix them within 14 days, you and your guests did not cause them, weather did not prevent repairs, and you let the landlord in to fix them. The court can postpone the case for repairs and may eventually dismiss it. Set the rent money aside, because some or all of it will likely have to be paid. RSA 540:13-d.

Law

RSA 48-A:14; RSA 540:13-d; RSA 540-A:3

Full New Hampshire repair rights guide

Landlord entry in New Hampshire

The landlord may not enter without your permission except to make emergency repairs; do not refuse a reasonable request to enter with enough notice. No fixed number of hours was confirmed. Unlawful entry is a prohibited practice you can challenge with an RSA 540-A petition. (603 Legal Aid.)

Eviction in New Hampshire

Notice for unpaid rent

For unpaid rent the landlord must give you a written Demand for Rent and a written eviction notice of at least 7 days (30 days for properties covered by the federal CARES Act). RSA 540:2, II(a); RSA 540:3, II. The notice must state the reason and tell you of your right to stop the eviction by paying. You can stop a nonpayment case by paying, before the hearing on the merits, all rent due through the date of payment, $15 in liquidated damages, other lawful charges under the lease and, if the case was already filed, the filing fee and sheriff's service costs, in cash, certified check, money order, electronic transfer or a written government promise to pay. You can do this no more than 3 times in 12 months (RSA 540:9; court Eviction Notice form). In most cases the landlord also needs one of the legal grounds ('good cause') listed in RSA 540:2.

Notice for a lease violation

Substantial damage to the unit, behavior by you or your household that adversely affects others' health or safety, or (in some domestic-violence lease terminations) a remaining occupant who is the accused abuser: 7-day eviction notice. Failure to follow a material lease term, or other good cause (including refusing a valid rent increase): 30-day eviction notice. RSA 540:2, II; RSA 540:3, II (court Eviction Notice form NHJB-3041-D, rev. 10/08/2026). Most tenants can be evicted only for these listed reasons.

Ending a month-to-month tenancy

Tenant: 30 days' notice that ends on a rent due date (603 Legal Aid). Landlord: a written eviction notice stating good cause; 30 days for 'other good cause' (no-fault) reasons. New since July 1, 2026 (2025 N.H. Laws ch. 263): if your lease was for 12 months or more (or shorter leases were renewed for 12 months or more in total), the landlord may also end the tenancy when the lease term expires, but only with written notice at least 60 days before the lease ends and only if the eviction case is filed within 6 months after the lease expires. Such a 'no-fault termination' cannot be treated as an eviction on rental applications or tenant screening reports, and you can still raise retaliation or discrimination as a defense. RSA 540:2, II(i), VIII. Owner-occupied buildings and some single-family homes may have fewer protections.

Time to respond to an eviction lawsuit

File an Appearance form with the court by the return day printed on the Landlord and Tenant Writ (7 days after the sheriff serves you; it is not the hearing date). Since October 8, 2026 (2026 N.H. Laws ch. 308), you must also file a written Answer (form NHJB-3059-DP) no later than 5 days after the return day, listing all your defenses and counterclaims. If you miss the Appearance, you are in default, and a default rules out any extra time to move. If you appear, a hearing is held within about 10 days. If the landlord wins after a hearing, the writ of possession issues 7 days after the court mails the notice of judgment. The judge may delay your move-out for up to 60 days (up to 75 days in limited cases, e.g., age, disability or limited English, if the landlord would not be harmed), as long as you pay rent weekly in advance. To appeal, file a notice of intent to appeal within 7 days and pay rent as it comes due. RSA 540:13, 540:13-c (court Eviction Notice and Answer forms, rev. 10/08/2026).

Lockouts and utility shutoffs

The landlord may not lock you out, shut off utilities, remove your belongings, enter without permission, or otherwise force you out without a court order. File an RSA 540-A petition at your district court (no lawyer or filing fee needed); you can get a same-day temporary order in an emergency. A violation brings the remedies of the Consumer Protection Act (RSA 358-A:10): your actual damages or $1,000, whichever is more, doubled or tripled if willful or knowing, plus costs and attorney fees; each day the violation continues after a temporary order counts as a separate violation. RSA 540-A:2 to 540-A:4.

Court self-help

The court's eviction self-help page

Law

RSA 540:2, 540:3, 540:9, 540:13, 540:13-c; RSA 540-A:2 to 540-A:4; 2025 N.H. Laws ch. 263; 2026 N.H. Laws ch. 308

Full New Hampshire eviction guide

Small claims court in New Hampshire

Deposit disputes usually go to small claims court, where you don't need a lawyer.

Limit: $10,000 (claims over $5,000 must go to mediation first).

Where to get free help in New Hampshire

• New Hampshire Judicial Branch: Landlord and Tenant (eviction process, forms, free eviction mediation) · 603-271-6418
• 603 Legal Aid and New Hampshire Legal Assistance: Housing self-help articles and forms (Appearance, Answer, 540-A petition) · 1-800-639-5290
• New Hampshire Legal Assistance

Good to know in New Hampshire

• If you are locked out or your utilities are shut off, file an RSA 540-A petition at district court; you can get an emergency order the same day, and the landlord owes at least $1,000 per violation (more if willful).
• Served with an eviction writ? File your Appearance by the return day and, since October 8, 2026, a written Answer within 5 days after it, or you lose by default.
• Behind on rent? You can stop a nonpayment eviction by paying everything owed, plus $15 and the landlord's court costs, before the hearing (up to 3 times a year).
• Since July 1, 2026, a landlord can end a lease of 12 months or more when it expires, but must give at least 60 days' written notice.

Free tools for New Hampshire renters

Pre-set for New Hampshire. Free, no account needed.

Deposit return calculator for New Hampshire

Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed.

Security deposit demand letter for New Hampshire

A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.

Repair request letter for New Hampshire

Ask your landlord in writing to fix the problem by a date. A written, dated request is the first step in almost every state, and it is proof that the landlord knew. Check the problems, add dates, then download the letter as PDF or Word (or copy it). Sign it, keep a copy and photos, and send it in a way you can prove.

Eviction notice timeline for New Hampshire

Got a notice from your landlord? Enter the kind of notice and the day you got it to see the dates that follow from your state's rule, what your landlord may not do, and where to get free help fast.

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