New Hampshire security deposit law

• Return the deposit, with any interest due, within 30 days after the tenancy ends, along with an itemized list of any deductions.

The landlord isn't liable and forfeits no rights if the failure to comply results from the tenant not giving a new address when the tenancy ends. A deposit left unclaimed 6 months after the tenancy ends becomes the landlord's property, absent fraud (RSA 540-A:8, II).

Required: Yes. A written, itemized list of damages that describes each needed repair with particularity, plus satisfactory evidence (such as receipts, estimates or invoices) that the repairs have been or will be done. Claims for unpaid rent, charges or tax shares must state the period claimed.

Landlords may not deduct for reasonable wear and tear. The statute doesn't define the term.

The statute defines a security deposit as all funds beyond the monthly rent paid to the landlord for any purpose. Those funds count toward the cap and are subject to the return rules.

• Interest required: Yes. If the landlord holds the deposit for one year or longer, the landlord must pay interest at the rate paid on regular savings accounts by the bank, savings and loan or credit union where it is held. Pooled accounts pay each tenant's share of actual interest.
• Separate account required: Yes. The deposit stays the tenant's money, held in trust and not mingled with the landlord's own funds. Deposits may be pooled in one trust account at a New Hampshire bank, savings and loan or credit union, or the landlord may post a bond with the town or city clerk instead.
• Move-in inspection required: No. No inspection is required. The landlord must give a signed receipt (unless the deposit was paid by check) and notify the tenant in writing that conditions needing repair should be listed and given to the landlord within 5 days of occupancy.

A landlord who doesn't comply with the interest or return rules owes twice the deposit plus interest due, less valid charges (RSA 540-A:8, I(b)). Violating the amount, receipt, trust or transfer rules is an unfair trade practice under RSA 358-A:2.

The statute does not require bad faith. The double damages apply to any failure to comply with the interest or return rules.

Circuit Court (District Division) small claims up to $10,000. Mediation is mandatory for claims over $5,000. Court information

Before filing, many tenants send a written demand first. Write a New Hampshire demand letter →

• Exemption: a person renting a single-family home who owns no other rental property, or renting units in an owner-occupied building of 5 units or less, isn't a 'landlord' under these rules. The exemption doesn't cover units occupied by someone 60 or older.
• A tenant may ask for accrued interest every 3 years, 30 days before that year's tenancy ends. The landlord has 15 days after the end of that year's tenancy to pay it.
• On a sale or assignment, the landlord must turn over the deposit within 5 days and notify the tenant by registered or certified mail.

• RSA 540-A:5 (definitions) Retrieved October 11, 2026.
• RSA 540-A:6 (procedure) Retrieved October 11, 2026.
• RSA 540-A:7 (return of deposit) Retrieved October 11, 2026.
• RSA 540-A:8 (remedies) Retrieved October 11, 2026.
• NH Judicial Branch: Small Claims Retrieved October 11, 2026.

Laws change. This page was checked against the sources above on October 11, 2026. It is legal information, not legal advice; see our methodology.