New Hampshire Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights

New Hampshire limits security deposits to one month's rent or $100, whichever is greater, and requires covered landlords to return them within 30 days of the tenancy ending. The deposit rules do not reach every rental: RSA 540-A:5 writes several small owners out of the definition of "landlord" entirely.

Landlords must obtain prior consent before entering a rental unit, with a 48-hour notice requirement specifically for bed-bug inspections.

Security deposits in New Hampshire

New Hampshire places a low cap on security deposits: a landlord may collect no more than one month's rent or $100, whichever is the greater amount. For most tenants paying modern market rent, the cap works out to one month's rent. The landlord must return the deposit, along with a written itemization of any deductions, within 30 days of the tenant vacating the unit. Permitted deductions include unpaid rent, damage beyond normal wear and tear, and cleaning costs if the unit was left in an unusually dirty condition.

Those rules do not apply to every New Hampshire rental. RSA 540-A:5, I excludes from the definition of "landlord" a person who rents a single-family residence and owns no other rental property, and a person who rents units in an owner-occupied building of 5 units or fewer. The one exception is an individual unit occupied by a person 60 years of age or older, which stays covered.

If your landlord falls inside that carve-out, the cap, the receipt requirement, the trust rules, the interest rule, and the 30-day return deadline do not bind them, and your deposit terms are whatever the lease says.

If the landlord fails to return the deposit or the itemized statement within 30 days, the tenant can sue in small claims court. New Hampshire courts can award double damages for a wrongful withholding of a security deposit. A covered landlord does not have to open a separate escrow account for each tenant, but the money is not theirs to hold loosely. RSA 540-A:6, II(a) says the deposit "continue[s] to be the money of the tenant and shall be held in trust," and may not be mingled with the landlord's personal funds. RSA 540-A:6, II(b) permits one combined trust account at a New Hampshire bank, savings and loan association, or credit union, and II(c) lets a landlord substitute a bond posted with the city or town clerk for the total deposits held there.

Interest is required too, once the deposit has been held long enough. Under RSA 540-A:6, IV(a), a landlord holding a deposit for one year or longer must pay the tenant interest at the rate paid on regular savings accounts at the New Hampshire institution where it sits, running from the date the deposit was received. Where deposits are pooled, each tenant gets a proportional share of the actual interest earned. RSA 540-A:6, IV(c) lets a tenant request the accrued interest every 3 years, asking 30 days before that year's tenancy expires.

Keep dated photos of the unit at move-in and move-out, and send any communications about the deposit by certified mail so you have a paper trail if the return is delayed or disputed.

When can a landlord enter? Notice rules

New Hampshire law requires a landlord to obtain the tenant's prior consent before entering a residential rental unit. There is no fixed statutory timeframe such as 24 or 48 hours for ordinary visits, which makes "prior consent" the operative standard: the landlord and tenant should agree in advance on a date and time. One specific exception exists: if a landlord needs access to conduct a bed-bug inspection, 48 hours' advance notice is required by statute.

Emergency situations are treated differently. A landlord may enter without prior consent when there is an immediate threat to health or safety, such as a burst pipe, a gas leak, or a structural emergency. The emergency exception is narrow and should not be used as a routine workaround for the consent requirement.

For any non-emergency entry, tenants should insist on advance notice and should put requests and approvals in writing. If a landlord persistently enters without consent, that may constitute unlawful entry under RSA 540-A, which gives tenants the right to seek an injunction and damages.

Ending a lease: notice to vacate

To end a month-to-month tenancy in New Hampshire, either the landlord or the tenant must provide 30 days' written notice. The 30-day period typically runs from the next rental due date after notice is given, so the practical lead time may be slightly longer than a calendar month.

Whether the landlord also needs a reason depends on which kind of property you rent. RSA 540:2, I lets the owner of nonrestricted property terminate any tenancy by serving a written notice to quit, with no cause required at all. RSA 540:1-a, I defines nonrestricted residential property as single-family houses whose owner does not own more than 3 of them, rental units in an owner-occupied building of 4 dwelling units or fewer, and single-family houses acquired by banks or other mortgagees through foreclosure. A large share of the state's small-landlord rentals sits in that category.

Everything else is restricted property, and there the landlord must fit one of the causes in RSA 540:2, II: nonpayment of rent, substantial damage, a lease violation, behavior affecting the health or safety of others, lead-hazard or pest-remediation work, and "other good cause."

That cause list is broader than it sounds. RSA 540:2, V says "other good cause" includes "any legitimate business or economic reason and need not be based on the action or inaction of the tenant," and RSA 540:2, IV makes a tenant's refusal of a rent increase noticed at least 30 days ahead good cause by itself. So even on restricted property the rule is closer to a stated-reason requirement than a bar on economically motivated terminations.

If a landlord seeks to evict for nonpayment or a lease violation, the process starts with the appropriate statutory notice. See the New Hampshire eviction notice page for notice periods and procedures, or visit the eviction notice hub for a general overview.

Repairs and the warranty of habitability

New Hampshire recognizes an implied warranty of habitability under RSA 540:13-d. This means every residential rental must be fit for human habitation: it must have working heat, running water, sanitation, structurally sound walls and roof, and functioning electrical systems. Landlords must maintain these conditions throughout the tenancy, not just at move-in.

If a landlord fails to make a required repair after receiving written notice, New Hampshire tenants have a few potential remedies. Rent withholding is recognized as an affirmative defense in eviction proceedings under New Hampshire case law. This means a tenant who withholds rent because of serious habitability defects can raise those defects as a defense if the landlord tries to evict for nonpayment. It is not a blanket right to stop paying rent, and using it carries real risk: the tenant needs solid documentation of the problem and proof that notice was given to the landlord before the withholding started.

Before withholding rent, a tenant should put every repair request in writing, keep copies, and consider consulting a tenant-rights organization or attorney. In serious cases, tenants can also contact the local code enforcement office to request an official inspection and written notice of violations.

Rent, late fees, and rent control

New Hampshire does not have a statutory cap on late fees. Landlords and tenants are free to agree on a late-fee amount in the lease, and courts generally enforce those provisions. There is also no required grace period before a late fee can be charged, though many leases build in a short window (commonly three to five days). Read your lease carefully to know exactly when your rent is considered late.

For rent increases, New Hampshire law does not require any particular advance notice period beyond what the lease itself provides, or reasonable notice for month-to-month tenancies. A landlord raising rent on a month-to-month tenant would typically need to give at least 30 days' notice since raising the rent changes a material term of the tenancy.

New Hampshire has no statewide rent control law, and there are no active local rent-control ordinances in the state. In practice that means landlords can raise rent as much as they choose (with proper notice to end the current tenancy terms), subject only to any limits in a fixed-term lease.

If you have a landlord-tenant dispute in New Hampshire

Most landlord-tenant disputes in New Hampshire can be resolved through clear communication and documentation, but knowing your options matters when things escalate.

Start by putting everything in writing. Whether you are requesting a repair, disputing a charge, or giving notice, a written record protects you. Send important communications by email or certified mail and keep copies.

For deposit disputes involving amounts up to $10,000, New Hampshire's small claims court (part of the Circuit Court's District Division) is the practical venue. Filing fees are modest and you do not need an attorney. Bring dated photos, the lease, move-in and move-out checklists, and all written correspondence.

If a landlord is entering without consent or retaliating against you for complaining about conditions, RSA 540-A gives you the right to seek an injunction and damages in court. The New Hampshire Housing Finance Authority (NHHFA) maintains tenant resources, and New Hampshire Legal Assistance (NHLA) provides free civil legal aid for qualifying tenants.

For complex disputes or situations involving potential eviction, consulting a licensed attorney is the most reliable next step. Legal aid organizations can often advise on whether you have a strong defense before any court date.

This article is general legal information, not legal advice. Landlord-tenant rules vary by state and city and change, and some cities add their own ordinances. For advice about a specific situation, consult a licensed attorney or your state housing agency.

Related pages: Landlord-Tenant Laws by State | New Hampshire Eviction Notice | New Hampshire Squatters Rights

More New Hampshire Laws

• New Hampshire Property Records
• New Hampshire Restraining Order Laws
• New Hampshire Squatters Rights Laws
• New Hampshire Unclaimed Property