NH
New Hampshire Landlord-Tenant Laws
Security Deposit Limits
N.H. Rev. Stat.
✅ Key Requirements
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- Maximum: 1 month's rent or $100 (whichever greater)
- Shared facilities: no limit
- Exemptions: single-family (no other rentals) and owner-occupied (≤5 units)
- Exemption exception: units with tenants age 60+ still covered
- One of lowest deposit limits in nation
Security Deposit Storage Requirements
N.H. Rev. Stat.
✅ Key Requirements
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- Must use NH bank, savings and loan, or credit union
- Must hold in trust (cannot mix with personal funds)
- May pool all tenant deposits in single trust account
- Alternative: surety bond from NH company
- Must notify tenant within 30 days: institution name, address
- +1 more requirements
Security Deposit Interest Requirements
N.H. Rev. Stat.
✅ Key Requirements
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- Required if deposit held 1+ year
- Rate: actual rate earned on savings account
- Pooled accounts: proportional distribution
- Tenant can request every 3 years (30 days before anniversary)
- Landlord pays within 15 days after year-end
- +2 more requirements
Security Deposit Receipt Requirements
N.H. Rev. Stat.
✅ Key Requirements
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- Must provide signed receipt (unless paid by check)
- Receipt must state: amount, storage location
- Must inform tenant: 5-day right to note defects
- Tenant has 5 days to return checklist with defects noted
- Even if check payment: must notify of 5-day inspection right
- +1 more requirements
Security Deposit Return Timeline
N.H. Rev. Stat.
✅ Key Requirements
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- Return within 30 days of tenancy end
- Must include accrued interest (if held 1+ year)
- Itemized statement required for any deductions
- Must show: nature of repair, evidence of completion
- Evidence: receipts, estimates, invoices
- +2 more requirements
Allowable Security Deposit Deductions
N.H. Rev. Stat.
✅ Key Requirements
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- Allowed: unpaid rent, damages beyond normal wear
- Not allowed: reasonable wear and tear
- Normal wear: natural deterioration from ordinary use
- Must provide detailed itemized list
- Must show: repair nature and completion evidence
- +1 more requirements
Security Deposit Wrongful Retention Penalties
N.H. Rev. Stat.
✅ Key Requirements
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- Penalty: up to 2x amount wrongfully withheld
- Plus: attorney fees and court costs
- Also Consumer Protection Act violation
- Triggers: missed deadline, no itemization, wrongful withholding
- Exception: tenant didn't provide forwarding address
- +1 more requirements
Eviction for Nonpayment of Rent
N.H. Rev. Stat.
✅ Key Requirements
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- Applies to 'restricted property' (most residential)
- First: Demand for Rent (lists dates, amounts)
- Then: 7-day Eviction Notice
- Must state specific reason for eviction
- Tenant can cure: pay rent + $15 + fees before hearing
- +2 more requirements
Eviction for Lease Violations
N.H. Rev. Stat.
✅ Key Requirements
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- Requires 30-day notice period (not 7 days)
- Must state specific material term violated
- For 'other good cause': must give prior warning notice
- Applies to: substantial damage, health/safety issues
- Rent increase refusal = good cause (if proper 30-day notice given)
- +1 more requirements
Restricted vs Nonrestricted Property
N.H. Rev. Stat.
✅ Key Requirements
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- Restricted (most residential): good cause required
- Good cause includes: nonpayment, damage, violations, health/safety
- Lease expiration alone NOT good cause for restricted property
- Nonrestricted (commercial): can evict for any lawful reason
- Exempted: shared facilities, vacation rentals
- +1 more requirements
Landlord-Tenant Writ Process
N.H. Rev. Stat.
✅ Key Requirements
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- File Landlord and Tenant Writ after notice expires
- Must have served: Demand for Rent, Eviction Notice
- Court hearing typically within 2-3 weeks
- Tenant files Appearance to contest
- Appeal deadline: 7 days after decision
- +2 more requirements
Tenant's Right to Cure Nonpayment
N.H. Rev. Stat.
✅ Key Requirements
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- Applies only to nonpayment evictions
- Tenant can cure anytime before hearing
- Must pay: full rent + lawful charges + $15 + court fees
- Payment methods: cash, certified check, money order, electronic
- Landlord must file receipt with court
- +2 more requirements
Tenant's Right to Withhold Rent
N.H. Rev. Stat.
✅ Key Requirements
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- Allowed for health/safety violations only
- Must give written notice to landlord
- Must wait 14 days for landlord to correct
- Withheld rent should be placed in escrow
- Must pay if landlord corrects issue
- +2 more requirements
Implied Warranty of Habitability
N.H. Rev. Stat.
✅ Key Requirements
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- Must provide safe, sanitary housing
- Good structural condition required
- Working electrical and plumbing systems
- Adequate heating and hot water
- Clean and sanitary maintenance
- +2 more requirements
Landlord Duty to Make Repairs
N.H. Rev. Stat.
✅ Key Requirements
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- Must repair within 14 days of written notice
- Applies to health and safety violations
- Tenant must give specific written notice
- Failure = tenant may withhold rent
- Emergency repairs may need faster response
- +1 more requirements
Late Rent Fees
N.H. Law
✅ Key Requirements
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- No statutory maximum limit
- Common practice: ~5% of monthly rent
- Must be specified in lease agreement
- Courts may void unreasonable fees
- No grace period required by law
- +1 more requirements
Rent Increase Requirements
N.H. Rev. Stat.
✅ Key Requirements
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- No rent control in New Hampshire
- No limit on increase amount
- 30 days' written notice required
- Cannot increase mid-lease (unless lease allows)
- Refusal after proper notice = grounds for eviction
- +2 more requirements
Application and Renewal Fees
N.H. Rev. Stat.
✅ Key Requirements
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- Effective January 1, 2025: written disclosure required
- Must disclose: amount, screening requirements
- Must refund excess over actual costs if not rented
- Can charge: documented screening costs + reasonable admin
- No statutory maximum amount
- +1 more requirements
Bounced Check Fees
N.H. Rev. Stat.
✅ Key Requirements
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- Maximum: check face value + actual costs
- Actual costs: court costs, service, collection
- Must be reasonable and documented
- Courts may void excessive fees
- Protects tenants from unreasonable penalties
- +1 more requirements
Landlord Right of Entry
N.H. Law
✅ Key Requirements
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- No statutory notice requirement
- Best practice: 24 hours' reasonable notice
- Purposes: inspections, repairs, showings, emergencies
- Emergency: no notice required
- Lease may specify notice terms
- +2 more requirements
Small Claims Court
N.H. Rev. Stat.
✅ Key Requirements
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- Maximum claim: $10,000
- Attorneys optional (not required)
- Electronic filing mandatory
- Filing fee: $90-$145
- Common disputes: deposits, damages, rent
- +2 more requirements
Housing Discrimination Protections
Federal Law
✅ Key Requirements
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- Protected classes: race, color, religion, national origin, sex
- Also protected: disability, familial status
- No additional state-level protections
- Must make reasonable disability accommodations
- Must allow service animals despite pet policies
- +2 more requirements
Domestic Violence Tenant Protections
N.H. Rev. Stat.
✅ Key Requirements
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- Landlord cannot terminate victim's lease
- Victim may terminate with 30 days' notice
- Only liable for rent through termination
- Court can evict abuser, not victim (bifurcation)
- Victim info must be kept confidential
- +2 more requirements
No-Fault Lease Expiration Termination
N.H. Rev. Stat.
✅ Key Requirements
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- Effective July 1, 2026 (upcoming change)
- Applies to: leases 12+ months (original or cumulative)
- Requires: 60 days' written notice before expiration
- Must file possessory action within 6 months
- NOT considered 'eviction' for tenant screening
- +2 more requirements