New Hampshire Security Deposit Laws & Calculator
New Hampshire gives landlords 30 days to return your deposit. The cap is 1 month's rent or $100 (whichever is greater), and willful violations carry a penalty of up to 3x damages plus court costs and attorney fees. Deposits held over a year must earn interest.
New Hampshire Security Deposit — Quick Facts
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New Hampshire Security Deposit Law — Explained
The 30-Day Return Deadline
Under N.H. Rev. Stat. § 540-A:7, landlords must return the security deposit within 30 days after the tenant vacates or the lease terminates, whichever is later. The landlord must either return the full deposit or provide an itemized statement of deductions with receipts or estimates for each charge.
The $100 Floor on Deposits
New Hampshire's deposit cap is unique: landlords can charge up to 1 month's rent or $100, whichever is greater. This means even if you're renting a room for $80/month, the landlord can still collect a $100 deposit. For most renters, the effective cap is 1 month's rent, but the $100 minimum is an unusual provision worth knowing about.
What Your Landlord Can Deduct
New Hampshire landlords may deduct for unpaid rent and damage beyond normal wear and tear. The landlord must provide an itemized list of all deductions within the 30-day window. Normal wear and tear — minor scuffs, faded paint, carpet worn from regular use — cannot be charged to the tenant.
Conditional Interest Requirement
New Hampshire doesn't require interest on deposits by default. However, if the deposit is held for 1 year or longer, the landlord must place it in an interest-bearing account. The interest earned belongs to the tenant. If a landlord fails to comply with this requirement, it can be used as evidence of willful violation, potentially triggering the 3x penalty.
Strong Penalty for Willful Violations
If a landlord willfully violates the deposit return rules, tenants can recover up to 3x the damages plus court costs and attorney fees. This is one of the stronger penalty structures in New England. The key word is "willful" — tenants who can demonstrate the landlord knowingly withheld the deposit without justification have the strongest claims.
What to Do If Your Landlord Won't Return Your Deposit
- 1Document everything before you leave Take timestamped photos and video of every room. Keep your lease, receipts, and all communications.
- 2Provide your forwarding address in writing This ensures the landlord knows where to send the deposit and starts the 30-day clock.
- 3Send a formal demand letter after 30 days Use RenterCalc's demand letter generator citing N.H. Rev. Stat. § 540-A:7. Send via certified mail.
- 4File in small claims court New Hampshire's small claims limit is $10,000. If the landlord acted willfully, you can recover up to 3x damages plus court costs and attorney fees.
New Hampshire Security Deposit FAQ
How long does a landlord have to return a security deposit in New Hampshire?
What is the maximum security deposit in New Hampshire?
What is the penalty for not returning a security deposit in New Hampshire?
Does New Hampshire require interest on security deposits?
How do I get my security deposit back in New Hampshire?
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