New Hampshire landlord and tenant rules
The figures that decide most disputes between New Hampshire landlords and tenants, each with a calculator and the statute behind it.
| Rule | New Hampshire | Statute | Tool |
|---|---|---|---|
| Maximum security deposit | The greater of 1 month's rent or $100 | RSA 540-A:6; RSA 540-A:7 | Deposit rules |
| Deposit return deadline | 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 | RSA 540-A:6; RSA 540-A:7 | Deposit rules |
| Interest on the deposit | Required | RSA 540-A:6; RSA 540-A:7 | New Hampshire interest calculator |
| Maximum late fee | No statutory cap | No statute (RSA chs. 540 and 540-A contain no late-fee limit) | Late fee calculator |
| Landlord notice, month-to-month | 30 days (just cause required) | RSA 540:2; RSA 540:3 | Notice calculator |
| Tenant notice, month-to-month | 30 days | RSA 540:2; RSA 540:3 | Notice calculator |
| Rent increase notice | 30 days | RSA 540:2; RSA 540:3 | Notice calculator |
| Pay-or-quit notice | 7 days | RSA 540:2; RSA 540:3 | Notice calculator |
| Rent increase cap | None statewide |
Security deposits in New Hampshire
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. 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). Full deposit rules and move-out checklist.
Late fees in New Hampshire
New Hampshire sets no statutory cap on late fees. The amount is whatever the lease says, subject to the general rule that it must not be an unconscionable penalty. There is no statutory grace period, so the lease controls when the fee starts. Calculate the maximum fee.
Notice periods in New Hampshire
A New Hampshire landlord must give 30 days’ written notice to end a month-to-month tenancy, and the tenant must give the same. The state requires a lawful reason (just cause) to end most tenancies, so notice alone is not enough. A rent increase needs 30 days’ notice. For nonpayment, the landlord must serve a 7-day notice to pay or quit before filing for eviction. Calculate the effective date of a notice.
Deposit interest in New Hampshire
- New Hampshire: The rate paid on regular savings accounts at the bank where the deposit is held. New Hampshire landlords holding a deposit for one year or more. Exempt: a landlord renting a single-family home who owns no other rental property, and owner-occupied buildings of five or fewer units.
Sources
- https://web.archive.org/web/20260118011912id_/https://gc.nh.gov/rsa/html/lv/540-a/540-a-6.htm
- https://web.archive.org/web/20260326022708id_/https://gc.nh.gov/rsa/html/lv/540-a/540-a-7.htm
- https://web.archive.org/web/20250919131718id_/https://gc.nh.gov/rsa/html/LV/540/540-2.htm
- https://web.archive.org/web/20260521134402id_/https://gc.nh.gov/rsa/html/LV/540/540-3.htm
- https://www.billtrack50.com/billdetail/1761949
- https://www.docdraft.ai/legal-guides/notice-to-vacate/new-hampshire
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).
What is the maximum late fee for rent in New Hampshire?
There is no statutory maximum in New Hampshire. No statutory cap or grace period; late fees must be provided for in the lease and reasonable. The most common lease figure nationally is 5% of monthly rent, and courts in no-cap states generally accept fees in that range while rejecting ones that look like penalties.
How much notice does a landlord have to give a tenant to move out in New Hampshire?
30 days’ written notice for a month-to-month 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) The landlord also needs a lawful reason.
How long is a pay-or-quit notice in New Hampshire?
7 days. The tenant can stop the eviction by paying the full amount within that time.
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