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New Hampshire Security Deposit Law, in Plain English

New Hampshire's deposit statute trusts paper more than promises: a signed receipt, a five-day window for the tenant to list what's already wrong, an itemized damage list with receipts or estimates attached, and double damages for a landlord who doesn't deliver. It also quietly exempts the smallest landlords. Here's how RSA 540-A:5 through 540-A:8 actually work, for both sides of the lease.

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30 daysDeadline after termination to return the deposit with interest and an itemized list backed by receipts or estimates
1 month or $100The cap — whichever is greater
5 daysThe tenant's window after occupancy to report existing defects in writing
1 yearHow long a deposit must be held before it earns interest at the regular-savings rate
2x + interestDamages for noncompliance, less lawful charges — no bad faith required

One month's rent or $100 — unless the landlord is small enough to be exempt

RSA 540-A:5 excludes two kinds of owners from the deposit rules entirely: someone renting a single-family residence who owns no other rental property, and someone renting units in an owner-occupied building of five units or fewer — except for any unit occupied by a tenant 60 or older. For those rentals, the lease is the whole rulebook.

For everyone else, the cap is one month's rent or $100, whichever is greater. And the deposit never becomes the landlord's: it's held in trust, not mingled with the landlord's personal money, and not the landlord's asset until the return rules have been met.

A signed receipt — and five days to write down what's already broken

On receiving a deposit, the landlord must forthwith deliver a signed receipt stating the amount and where the money will be held. A personal, bank, or agency check serves as the receipt. In every case, the landlord must also give the tenant written notice that any needed repairs or existing conditions should be reported within 5 days of occupancy.

That five-day list is the tenant's baseline. Conditions on it can't be charged at move-out; conditions left off it can. Write it, keep a copy, and attach photos — the statute gives the tenant the pen, but only for five days.

Five days to document what was already wrong. Make the list photographic.

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PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with New Hampshire law or a particular result in a deposit dispute.

After a year, the deposit earns interest — claimable every three years

A landlord who holds a deposit for one year or longer must pay the tenant interest at the rate paid on regular savings accounts at the landlord's bank. The tenant may request the accrued interest every three years, 30 days before that year's tenancy expires, and receives whatever has accrued when the deposit comes back.

After move-out: 30 days — and every deduction needs a receipt or an estimate

Within 30 days of termination, the landlord must return the deposit with any interest due. For any deduction, the landlord must provide a written, itemized list of damages that indicates with particularity the nature of the repair and satisfactory evidence that the repair has been or will be completed — receipts for materials, labor estimates, bills, or invoices. "Cleaning — $300" fails the statute; the invoice for the $300 passes it.

Deductible: damage beyond reasonable wear and tear, unpaid rent, and the tenant's share of any real-estate-tax increase the lease assigns. Faded paint and normally worn carpet stay the landlord's cost.

When it goes wrong: twice the deposit — with two conditions

A landlord who fails to comply with the interest rules or the 30-day return is liable for damages equal to twice the sum of the deposit plus any interest due, less lawful charges. No showing of bad faith is required.

Two conditions cut the other way. The landlord isn't liable under the section if the tenant failed to notify the landlord of a new address — so a written forwarding address on move-out day is the tenant's whole case. And a deposit unclaimed after six months becomes the landlord's property.

Disputes go to small claims in the District Division of the Circuit Court, which hears claims up to $10,000. The winning file: the lease, the deposit receipt, the five-day defect list, the forwarding-address notice, the 30-day itemized list with its evidence or proof none arrived, and dated room-by-room photos from both ends of the tenancy.

Frequently asked questions

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

30 days from termination of the tenancy. The landlord must return the deposit plus any interest due, and for every deduction provide a written itemized list stating exactly what repair is needed and satisfactory evidence — receipts, labor estimates, bills, or invoices — that it has been or will be done. Give the landlord your new address in writing, or you lose the statute's protections.

How much can a landlord charge for a security deposit in New Hampshire?

One month's rent or $100, whichever is greater. The money stays yours: it must be held in trust, never mixed with the landlord's own funds, and if held a year or longer it earns interest at the regular savings rate.

Does the deposit law apply to every landlord in New Hampshire?

No. Someone renting out a single-family home who owns no other rental property, or renting units in an owner-occupied building of five units or fewer, isn't a 'landlord' under RSA 540-A's deposit rules — except for any unit occupied by a tenant 60 or older. For those rentals, the lease governs.

What is the five-day rule?

When you pay the deposit, the landlord must give you written notice that you should report any existing damage or needed repairs within 5 days of moving in. Do it in writing, keep a copy, and attach photos — conditions you don't report can be charged to you at move-out.

What can a landlord deduct from a deposit in New Hampshire?

Damage beyond reasonable wear and tear, unpaid rent, and your share of any real-estate-tax increase the lease makes you responsible for — each on a written itemized list with the repair described and evidence of its cost. Ordinary aging of paint and carpet isn't deductible.

What happens if the landlord breaks these rules?

A landlord who fails to comply with the interest rules or the 30-day return is liable for twice the deposit plus interest due, less any lawful charges — no showing of bad faith required. Two limits: the doubling isn't available if you never gave the landlord your new address, and a deposit unclaimed for six months becomes the landlord's.

Do I get interest on my deposit in New Hampshire?

If the landlord holds it a year or longer, yes — at the rate paid on regular savings accounts at the landlord's bank. You can ask for it every three years (30 days before the tenancy year ends), and the accrued interest comes back with the deposit at move-out.

Where do deposit disputes go in New Hampshire?

Small claims in the District Division of the Circuit Court, for claims up to $10,000 — informal and inexpensive. Bring the lease, the deposit receipt, your five-day defect list, your forwarding-address notice, the 30-day itemized list with its evidence or proof none arrived, and dated move-in and move-out photos.

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