New Hampshire Landlord-Tenant Law
Know your rights as a renter in New Hampshire. This guide covers security deposits, landlord entry, rent increases, eviction protections, and more under New Hampshire law.
Legal basis: New Hampshire landlord-tenant law — New Hampshire Revised Statutes
30
Days to Return Deposit
1 month's rent or $100
Max Deposit
Tenant's consent
Entry Notice
Required
Deposit Escrow
Max Deposit shows the short version — read the full rule below.
What New Hampshire law says about deposits
Maximum Deposit
1 month's rent or $100 (whichever is greater)
Return Deadline
30 daysthese deposit rules do not reach an owner of a single-family home with no other rental property, or of an owner-occupied building of 5 units or less (a unit in it occupied by someone 60 or older is covered)
Penalties, interest & late-fee rules under New Hampshire law
If your deposit is wrongfully or late returned
Landlord may owe double the deposit amount.
Interest on your deposit is required
Interest must be paid when the deposit is held for 1 year or longer, at the rate paid on regular savings accounts at the New Hampshire bank, savings and loan association, or credit union where the deposit is held (RSA 540-A:6, IV). A tenant may request accrued interest every 3 years.
Grace period
No grace period is required for apartments or houses. In a manufactured housing park, no late fee if rent is paid in full within 7 calendar days.
Must be in the lease
Yes — a late fee is only enforceable if it is written into your lease
Your privacy protections
Required Notice Period
Tenant's consent
required except for emergency repairs or a court order (RSA 540-A:3)
In New Hampshire, your landlord must give this notice before entering your rental unit, except in genuine emergencies. This protects your right to privacy and peaceful enjoyment of your home.
Exceptions: Landlords may enter without notice in cases of emergency (fire, flooding, etc.) or if you've abandoned the property.
30 days notice
Legal basis: RSA 540:2, IV
14 days after written notice
Legal basis: RSA 540:13-d; RSA 48-A:14; RSA 540-A:3
6 months protected
Legal basis: RSA § 540:13-a, 540:13-b
Move out within 30 days
Legal basis: RSA § 540:11-b
Self-help illegal
Legal basis: RSA § 540-A:3
Important facts about New Hampshire rental law
New Hampshire limits security deposits to 1 month's rent (or $100, whichever is greater), but that rule does not reach an owner of a single-family home with no other rental property, or of an owner-occupied building of 5 units or less (a unit in it occupied by someone 60 or older is covered).
New Hampshire landlords must return deposits within 30 days after the tenancy ends (an owner renting a single-family home with no other rentals, or units in an owner-occupied building of 5 or fewer, is exempt).
New Hampshire requires landlords covered by its deposit law to hold deposits in an escrow account (small owner-occupied buildings of 5 or fewer units are exempt).
New Hampshire landlords must provide written receipts for all rent payments.
Something else? Contact our team
In New Hampshire, the security deposit limit is 1 month's rent or $100 (whichever is greater).
New Hampshire landlords must return security deposits within 30 days after you move out (these deposit rules do not reach an owner of a single-family home with no other rental property, or of an owner-occupied building of 5 units or less (a unit in it occupied by someone 60 or older is covered)).
In New Hampshire, landlords need your consent before entering your rental unit (required except for emergency repairs or a court order (RSA 540-A:3)).
Late fees in New Hampshire: No statutory cap — late fees must be set in the rental agreement and may not be unconscionable or punitive (general reasonableness standard). No grace period is required for apartments or houses. In a manufactured housing park, no late fee if rent is paid in full within 7 calendar days..
30 days notice. Written notice of the new amount and start date at least 30 days before an increase (RSA 540:2, IV). Applies to most rentals; not to a single-family house of an owner with three or fewer, or an owner-occupied building of four or fewer units (RSA 540:1-a). No statewide rent cap. Source: RSA 540:2, IV.
14 days after written notice. Where your town has no housing code, landlords may not rent homes with pests, plumbing or sewage backups, electrical hazards, persistent leaks, unsafe stairs, inadequate water or hot water, gas leaks, or heat below an average 65°F (RSA 48-A:14). While you are current on rent, give written notice; the landlord has 14 days to fix it, or as fast as conditions require in an emergency (RSA 540:13-d, I). If not fixed, a serious code violation is a defense to eviction for unpaid rent, but the court will require withheld rent to be paid into court (RSA 540:13-d). The landlord must investigate a reported insect or rodent infestation within 7 days (RSA 540-A:3, V-a). A landlord may not willfully shut off heat, water, electricity, or other utilities; you can petition the court (RSA 540-A:3, I; RSA 540-A:4). Source: RSA 540:13-d; RSA 48-A:14; RSA 540-A:3.
6 months protected. Retaliation prohibited. 6 month protection. Cannot evict for complaints. Source: RSA § 540:13-a, 540:13-b.
Move out within 30 days. Tenant may terminate the lease if the tenant or a household member has been a victim of domestic violence, sexual assault, or stalking within the most recent 150 days. Written verification required — a protective order, a police report, a statement from a law enforcement official, victim advocate, attorney, or health care provider, or a signed court self-certification form. Move out within 30 days of notice; rent is owed through the later of the termination date or move-out. Except at some small owner-run rentals, a landlord may not end a tenancy solely because a tenant or household member was a victim (RSA 540:2, VII). Source: RSA § 540:11-b.
Self-help illegal. Self-help evictions illegal. Court process required. Utility shutoffs prohibited. Source: RSA § 540-A:3.
New Hampshire tenants have rights including security deposit protections, notice requirements for landlord entry, habitability standards, and protections against retaliation. Use Honestkey to analyze your specific lease against New Hampshire law.
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