New Hampshire security deposit rules
New Hampshire limits security deposits to the greater of 1 month's rent or $100. The deposit must be returned deposit plus any interest due returned within 30 days from termination of the tenancy, with a written itemized list of damages (and evidence repairs have been or will be made) or of unpaid rent/charges. New Hampshire is one of the states that requires interest on the deposit.
What the law requires
The greater of 1 month's rent or $100. Returned Deposit plus any interest due returned within 30 days from termination of the tenancy, with a written itemized list of damages (and evidence repairs have been or will be made) or of unpaid rent/charges. Interest is owed only when the landlord holds the deposit for one year or longer, at the rate paid on regular savings accounts at the institution where it is held (540-A:6, IV); tenant may request accrued interest every 3 years. Deposits are the tenant's money held in trust; receipt and 5-day condition-list notice required. 540-A:6 last amended 2014 (eff. 26 Jul 2014); 540-A:7 last amended 2006. Chapter 540-A deposit rules exempt certain owner-occupied small buildings under RSA 540-A:5 (not re-read this session - UNVERIFIED). Official gc.nh.gov text read via Wayback snapshots dated Jan and Mar 2026 (live site hung/403).
- Deductions: unpaid rent and damage beyond normal wear and tear, itemised in writing. Cleaning and repainting after ordinary use are normal wear in most states.
- Deadline: the 30-day clock usually starts when the tenant moves out and, in many states, when a forwarding address is provided. Missing it typically forfeits the landlord’s right to keep any of the deposit and can add statutory damages.
- Interest: New Hampshire requires interest on the deposit. The deposit interest calculator applies the rate and thresholds.
Move-out checklist
- Give written notice of the move-out date and a forwarding address; many deadlines only start when the landlord has the address.
- Photograph every room after cleaning, with a timestamp. Request a joint inspection where the state allows one.
- If the deadline passes, send a written demand citing RSA 540-A:6; RSA 540-A:7. Small-claims court handles deposit disputes in every state and most cap the claim well above a typical deposit.
Related New Hampshire rules
- Late fees: No statutory cap or grace period; late fees must be provided for in the lease and reasonable. Late fee calculator.
- Notice to end a tenancy: Landlord: 30 days' written eviction notice stating the specific reason, and for 'restricted property' only for a good-cause ground in RSA 540:2, II (other good cause includes any legitimate business or economic reason); 7 days for nonpayment, substantial damage, health/safety behavior or DV-perpetrator cotenant (ground added by 2024, 9:1,3, eff. 1 Jan 2025). HB 60 (2025, ch. 263, eff. 1 Jul 2026) adds RSA 540:2, II(i): expiration of a lease with an original/cumulative term of 12+ months is good cause if the landlord gave at least 60 days' written non-renewal notice and sues within 6 months. Tenant: statute does not fix a tenant notice period; 30 days is customary (UNVERIFIED as statute) Notice calculator.
- All rules on one page: New Hampshire landlord and tenant law.
Frequently asked questions
How much can a landlord charge for a security deposit in New Hampshire?
The greater of 1 month's rent or $100. Interest is owed only when the landlord holds the deposit for one year or longer, at the rate paid on regular savings accounts at the institution where it is held (540-A:6, IV); tenant may request accrued interest every 3 years. Deposits are the tenant's money held in trust; receipt and 5-day condition-list notice required. 540-A:6 last amended 2014 (eff. 26 Jul 2014); 540-A:7 last amended 2006. Chapter 540-A deposit rules exempt certain owner-occupied small buildings under RSA 540-A:5 (not re-read this session - UNVERIFIED). Official gc.nh.gov text read via Wayback snapshots dated Jan and Mar 2026 (live site hung/403).
How long does a landlord have to return a security deposit in New Hampshire?
Deposit plus any interest due returned within 30 days from termination of the tenancy, with a written itemized list of damages (and evidence repairs have been or will be made) or of unpaid rent/charges. The statute is RSA 540-A:6; RSA 540-A:7.
Does a New Hampshire landlord have to pay interest on the security deposit?
Yes, in the circumstances set out in RSA 540-A:6; RSA 540-A:7. See the New Hampshire deposit interest calculator for the rate and the rules.