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New Hampshire Security Deposit Laws (2026)

New Hampshire requires proof of repairs. Any damage deduction must come with satisfactory evidence, such as receipts, estimates or invoices, that the repair has been or will be done (RSA 540-A:7).

By Lamuko Editorial Team✓ Checked against official statute textUpdated

New Hampshire deposit rules at a glance

Maximum deposit1 month's rent or $100, whichever is greater
Return deadline30 days after the tenancy ends
Itemized listItemized list with the nature of each repair and satisfactory evidence (receipts, estimates, invoices)
InterestRequired if held 1 year or more, at the bank's regular savings rate
Penalty2× (deposit + interest due), less payments made and lawful charges (RSA 540-A:8)
ExemptionsSome single-home and small owner-occupied landlords (not for units with occupants aged 60+)

Verified 2026-10-17 against RSA 540-A:6–540-A:8, source 2, source 3. Calculate your New Hampshire deadline →

Timeline: move-in to refund

  1. When you payYou get a signed receipt (unless you paid by check) and written notice to list repair needs within 5 days.
  2. First 5 daysGive the landlord a written list of conditions needing repair.
  3. After 1 yearInterest begins to be owed.
  4. Day 30Deposit, interest and itemized list with evidence due.
  5. 6 monthsUnclaimed deposits become the landlord's if you left no address.

Who is a "landlord" under these rules

RSA 540-A:5 excludes from these rules a person who rents out a single-family home and owns no other rental property, and a landlord renting units in an owner-occupied building of five units or fewer. The exclusion does not apply to any unit occupied by someone aged 60 or older. "Security deposit" means any money you pay beyond the monthly rent, for any purpose.

Cap, receipt and condition list

The deposit may not exceed one month's rent or $100, whichever is greater (540-A:6, I). When you pay, the landlord must give you a signed receipt stating the amount and where it will be held. No receipt is needed if you paid by check. In either case, you must be told in writing that you can list conditions needing repair within 5 days of moving in.

Held in trust, with interest

The deposit remains your money. It must be held in trust and not mixed with the landlord's personal funds, either at a New Hampshire bank, savings and loan or credit union, or covered by a bond posted with the city or town clerk. If the landlord holds it for a year or longer, it owes interest at the regular savings rate of the institution where it is deposited. On request, the landlord must tell you the institution, account number, amount and rate, and let you examine its deposit records.

30 days with evidence

The deposit and any interest are due within 30 days after the tenancy ends. Deductions are allowed for damage beyond reasonable wear and tear, unpaid rent, other lawful charges, and any share of tax increases the lease makes you pay. Each claim must be itemized, and damage claims must show the nature of the repair and satisfactory evidence that it has been or will be done (540-A:7).

Double damages, but leave an address. A landlord that fails to comply owes twice the sum of the deposit plus interest, minus payments made and lawful charges (540-A:8, I(b)). However, the landlord is not liable if the failure was because you did not give a new address, and deposits unclaimed for 6 months become the landlord's. Lease waivers are void.

Our calculator counts 30 days.

Steps to recover a New Hampshire deposit

  1. Keep your receipt and send a condition list within 5 days of moving in.
  2. Ask where the deposit is held if you have been there over a year.
  3. Give your new address in writing when you leave.
  4. After 30 days, demand the deposit plus interest, or ask for evidence of the repairs claimed.
  5. If that fails, file a claim in small claims court.

Neighboring states

Maine caps deposits at two months and requires a 7-day notice. Vermont sets 14 days, and Massachusetts allows triple damages.

Frequently asked questions

What is the maximum security deposit in New Hampshire?

One month's rent or $100, whichever is greater.

Do New Hampshire landlords pay interest?

Yes, on deposits held one year or longer, at the savings rate of the bank where it is held.

How long does a New Hampshire landlord have to return a deposit?

30 days after the tenancy ends, with an itemized list and evidence of repairs.

What is the penalty in New Hampshire?

Twice the deposit plus interest due, minus payments made and lawful charges.

Sources

  1. RSA 540-A:5 — definitions (NH General Court)
  2. RSA 540-A:6 — procedure, cap, interest (NH General Court)
  3. RSA 540-A:7 — return of deposit (NH General Court)
  4. RSA 540-A:8 — remedies (NH General Court)

Last reviewed Oct 17, 2026. Read how we verify. Found an error? Tell us.

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Not legal advice. Lamuko Rent Laws provides general legal information about state statutes, not legal advice, and using this site does not create an attorney-client relationship. Laws change and courts interpret them; city and county ordinances (for example Chicago, San Francisco or New York City rules) can be stricter than state law, and your lease or a subsidized-housing program may add terms. Fields marked “Verify with statute” have not yet been confirmed by us against the official text. Check the linked statute or talk to a licensed attorney or local legal-aid office before acting.