New Hampshire Landlord-Tenant Law
The rules for renting in New Hampshire — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for New Hampshire
- Security deposit limit
- One month's rent or $100, whichever is greater. RSA 540-A:6, I(a)
- Deposit return deadline
- Within 30 days after the tenancy ends. RSA 540-A:7, I
- Notice for unpaid rent
- 7-day written eviction notice (plus a demand for rent), stating the reason with specificity and telling the tenant of the right to avoid eviction by paying arrears. RSA 540:3, II-IV; RSA 540:2, II(a); RSA 540:5
- Ending a month-to-month lease
- Landlord: 30 days' written eviction notice (restricted property requires a statutory good-cause reason; non-restricted property can be terminated without cause). Tenant: 30 days' notice; if the date doesn't fall on a rent due date, tenant owes rent through the next rent due date unless the lease says otherwise. RSA 540:2, I-II; RSA 540:3, II; RSA 540:11, II
- Landlord entry notice
- Landlord may not enter without the tenant's consent except for emergency repairs or under a court order. Tenant may not unreasonably refuse entry at a reasonable time after 'notice which is adequate under the circumstances' (no fixed number of hours). RSA 540-A:3, IV-V
- Rent control / increase limits
- No statewide rent control or rent-increase cap in RSA ch. 540. On restricted property, a tenant's refusal of a rent increase is good cause for eviction only if the landlord gave at least 30 days' written notice of the amount and effective date. RSA 540:2, IV
Last verified against official sources: 2026-10-22
Security Deposits in New Hampshire
| Security deposit limit | One month's rent or $100, whichever is greater. Deposit rules do not cover a person who rents out a single-family home and owns no other rental property, or who rents units in an owner-occupied building of 5 or fewer units, except for units occupied by someone 60 or older (RSA 540-A:5, https://gc.nh.gov/rsa/html/LV/540-A/540-A-5.htm). Landlord must give a signed receipt stating the amount and where the deposit is held (not required if paid by check), and tell the tenant to note conditions needing repair within 5 days of occupancy. Deposit is held in trust, not commingled; may instead post a bond with the city/town clerk. Source: RSA 540-A:6, I(a) |
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| Deposit return deadline | Within 30 days after the tenancy ends. Deposits and interest left unclaimed 6 months after the tenancy ends become the landlord's property absent fraud; landlord is not liable if the tenant failed to give a forwarding address (RSA 540-A:8, II). Source: RSA 540-A:7, I |
| Itemized deductions | Yes. Written, itemized list of damages beyond reasonable wear and tear, describing each repair with satisfactory evidence it was or will be done (receipts, estimates, invoices); unpaid rent or other charges must be itemized with the period covered. Source: RSA 540-A:7 |
| Interest on deposits | Required if the landlord holds the deposit for 1 year or more: interest at the rate paid on regular savings accounts at the NH bank, savings and loan, or credit union where it is held (actual interest earned, pro-rated, if deposits are pooled). Tenant may request accrued interest every 3 years (request 30 days before the end of that tenancy year; landlord pays within 15 days after the year ends). On request the landlord must disclose the institution, account number, amount and rate. Source: RSA 540-A:6, IV |
| Penalty for withholding | Landlord who fails to return the deposit/interest or itemize as required is liable for twice the amount of the deposit plus any interest due, less amounts already paid and lawful deductions. Violations of the cap, receipt and trust/bond rules (RSA 540-A:6, I-III) are deemed Consumer Protection Act violations under RSA 358-A:2. Lease waivers of these rights are void. Source: RSA 540-A:8, I |
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Eviction in New Hampshire
| Notice for unpaid rent | 7-day written eviction notice (plus a demand for rent), stating the reason with specificity and telling the tenant of the right to avoid eviction by paying arrears. Right to cure: case is dismissed if, before the merits hearing, the tenant pays all rent due, other lawful lease charges, $15 liquidated damages, and the landlord's filing and service costs. Available no more than 3 times in 12 months (RSA 540:9, https://gc.nh.gov/rsa/html/LV/540/540-9.htm). RSA 540:3 was amended by 2024 ch. 9, effective Jan. 1, 2025. |
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| Notice for lease violations | 30-day written eviction notice for breach of a material lease term or other good cause; 7 days for substantial damage to the premises, conduct affecting health or safety, or (in certain domestic-violence cases) a remaining cotenant accused of abuse. For 'restricted property' (most residential rentals), good cause is required, and an eviction based on tenant conduct requires a prior written warning that the conduct would be grounds for eviction (RSA 540:2, III, https://gc.nh.gov/rsa/html/LV/540/540-2.htm). No statutory right to cure a non-rent violation was found. Source: RSA 540:3, II; RSA 540:2, II-III |
| Lockouts & utility shutoffs | Prohibited. Landlord may not willfully interrupt or terminate any utility (even one it doesn't control), except temporarily for repairs or emergencies, and may not lock out or deny access to the tenant or the tenant's property except by judicial process. Tenant petitions the district division (RSA 540-A:4, https://gc.nh.gov/rsa/html/LV/540-A/540-A-4.htm): hearing within 30 days of petition or 10 days after service (whichever later); ex parte temporary orders available for immediate irreparable harm; each day of violation after a temporary order is a separate violation. Remedies follow RSA 358-A:10: actual damages or $1,000, whichever is greater, 2-3x if willful or knowing, plus costs and attorney's fees (https://gc.nh.gov/rsa/html/XXXI/358-A/358-A-10.htm). If the unit was re-let after an unlawful lockout, damages are at least $3,000. |
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Notice to Vacate in New Hampshire
| Ending a month-to-month lease | Landlord: 30 days' written eviction notice (restricted property requires a statutory good-cause reason; non-restricted property can be terminated without cause). Tenant: 30 days' notice; if the date doesn't fall on a rent due date, tenant owes rent through the next rent due date unless the lease says otherwise. Non-restricted property = single-family houses where the owner owns no more than 3 single-family houses, units in owner-occupied buildings of 4 or fewer units, and foreclosed single-family houses held by a bank/mortgagee (RSA 540:1-a, https://gc.nh.gov/rsa/html/LV/540/540-1-a.htm). Landlord notice rule at https://gc.nh.gov/rsa/html/LV/540/540-3.htm. |
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Landlord Entry in New Hampshire
| Landlord entry notice | Landlord may not enter without the tenant's consent except for emergency repairs or under a court order. Tenant may not unreasonably refuse entry at a reasonable time after 'notice which is adequate under the circumstances' (no fixed number of hours). Bed bug evaluation entry requires 48 hours' written notice; emergency entry for infestations within 72 hours of notice counts as emergency repair. Paragraph V was reworded effective Oct. 8, 2026 (2026 ch. 308) so tenants may not refuse access for necessary repairs or other reasonable and lawful functions. Source: RSA 540-A:3, IV-V |
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Repairs & Habitability in New Hampshire
| Repair and deduct | No statutory repair-and-deduct remedy. Ch. 540 has no repair-and-deduct section. Tenant remedies are the habitability defense to nonpayment eviction (RSA 540:13-d) and a petition under RSA 540-A:4 for violations of RSA 540-A:2/3. In towns without their own housing code, RSA 48-A:14 lists the minimum standards a landlord must maintain (pests, plumbing and sewage, electrical hazards, leaks and holes, structural safety of porches and stairs, garbage, water and hot water, gas, and heat of at least 65°F average where heat is included in the rent) (https://gc.nh.gov/rsa/html/III/48-A/48-A-14.htm). Source: RSA ch. 540; RSA 540:13-d |
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| Withholding rent | Limited: a tenant who was current on rent may defend a nonpayment eviction if the unit substantially violates RSA 48-A or local codes materially affecting habitability, the tenant gave written notice, and the landlord failed to fix it within 14 days (or promptly in an emergency). Tenant must pay withheld and accruing rent into court; court may continue the case up to 1 month for repairs. Must be proved by clear and convincing evidence; not available if the tenant or guests caused the problem, or repairs were prevented by extreme weather or the tenant denying access. If repaired in time, court splits escrow: landlord gets fair rental value for the defective period, tenant gets the rest. Source: RSA 540:13-d |
| Retaliation protection | Defense to eviction if retaliatory for: reporting (in good faith) a code or RSA 540-A violation to the landlord or an enforcement agency; filing an RSA 540-A action or using RSA 540:13-d; or meeting/organizing with other tenants. Rebuttable presumption of retaliation if the landlord evicts, raises rent, or substantially changes terms within 6 months of the protected act. Defense unavailable if tenant owes one week's rent or more (RSA 540:13-a, https://gc.nh.gov/rsa/html/LV/540/540-13-a.htm). Presumption doesn't apply if the court finds the complaint was primarily meant to prevent eviction. A tenant who wins a retaliation defense may recover up to 3 months' rent (RSA 540:14). Source: RSA 540:13-a; RSA 540:13-b |
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Rent Increases & Late Fees in New Hampshire
| Rent control / increase limits | No statewide rent control or rent-increase cap in RSA ch. 540. On restricted property, a tenant's refusal of a rent increase is good cause for eviction only if the landlord gave at least 30 days' written notice of the amount and effective date. Whether NH law expressly preempts local rent control was not verified from an official source. Source: RSA 540:2, IV |
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| Late fees | No statutory cap or grace period found. RSA ch. 540 contains no late-fee provision; RSA 540:9 refers only to 'other lawful charges contained in the lease' and the $15 liquidated damages paid to cure a nonpayment case. No official AG/court page confirming the absence of any other late-fee rule was found. |
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Breaking a Lease in New Hampshire
| Ending a lease: domestic violence | Yes (since Jan. 1, 2025). A tenant may end the lease if, within the most recent 150 days, the tenant or a household member at the premises was a victim of domestic violence, sexual assault or stalking (or a new event related to past abuse makes the victim fear for their safety), and the victim gives the landlord written verification of one of: a protective order; filing for a protective order; a report to law enforcement; a statement from a law enforcement official, victim's advocate, attorney or health care provider; or a signed circuit-court self-certification form. The tenant must move out within 30 days of notice (or another agreed date) and owes rent only through the termination date or move-out date, whichever is later. The deposit stays applied until all tenants leave. The landlord must keep the verification confidential. Separately, on restricted property a landlord may not terminate a tenancy solely because a tenant or household member is a DV victim who provides similar verification (RSA 540:2, VII, https://gc.nh.gov/rsa/html/LV/540/540-2.htm). Source: RSA 540:11-b (2024 ch. 9) |
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| Ending a lease: military, medical, death | Military: a tenant may end a lease if called to active duty as a member of the armed services reserve or National Guard, or, if on active duty, reassigned out of state. Notice of termination must be given within 7 days of receiving notice of the call-up or reassignment, by written notice under SCRA section 305. No state statute was found for medical/disability, senior, or tenant-death termination. Medical/senior/death absence based on RSA ch. 540 and 540-A only. Source: RSA 540:11-a |
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Squatters & Abandoned Property in New Hampshire
| Squatters / unauthorized occupants | Fast court petition. No one who is not a tenant, subtenant or implied tenant may occupy residential property without the permission of the owner, landlord or their agent. The owner (including a 'non-rental owner' who does not rent the property out) or landlord files a petition in the district court; there is no filing fee, no lawyer is needed, and a peace officer or sheriff serves it. A hearing must be held within 48 hours of same-day service (or of service). If the occupant claims to be a subtenant or implied tenant, the occupant must prove it (e.g., a signed unexpired lease, recent rent receipts, cancelled checks, electronic payments, or messages showing an agreement); utility bills or IDs showing the address are not enough on their own. If the owner wins, the court orders immediate removal by law enforcement and awards actual damages or $1,000, whichever is greater; the owner may dispose of remaining belongings (after 48 hours' notice if the occupant was an unauthorized subtenant) and occupants may be arrested for trespass. If the property is the non-rental owner's own residence and the occupant gets a continuance, the court must order the occupant out pending the hearing. RSA 540-A:3 amended effective Jan. 1, 2025 (2024 ch. 46, 370) and later; 2026 ch. 308 (eff. Oct. 8, 2026) renumbered RSA 540-A:4, VII. Non-rental owners keep common-law remedies including self-help (RSA 540-A:4, II-a). RSA 540-A:3: https://gc.nh.gov/rsa/html/LV/540-A/540-A-3.htm |
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| Belongings left behind | The landlord must store a departed tenant's personal property with reasonable care for 7 days after the tenant vacates (voluntarily or by eviction). During those 7 days the tenant may recover it without paying rent or storage fees. After 7 days, the landlord may dispose of it without notice to the tenant. Does not apply to property under RSA 540-A:4 unauthorized-occupant orders or to manufactured housing under RSA 540-B. A violation exposes the landlord only to actual damages plus costs and attorney's fees (RSA 540-A:4, IX(b)). Source: RSA 540-A:3, VII |
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Rental Fees in New Hampshire
| Application / screening fees | No dollar cap. Before collecting any application or renewal fee, the landlord must disclose in writing the amount of the fee and whether a satisfactory criminal background and credit check is required. If the applicant is not offered the unit, the landlord must refund everything beyond the actual cost of the documented background check, credit check and/or reasonable administrative costs within 30 days. No-fault terminations (e.g., lease expiration under RSA 540:2, II(i)) may not be treated as evictions in rental applications or tenant screening reports (RSA 540:2, VIII). Source: RSA 540-A:3, VIII |
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| Other rental fees | Limited. A landlord may not require rent or other lease payments to be made only by electronic funds transfer (including automatic recurring transfers); at least one non-electronic payment method must be allowed. Application-fee disclosure and refund rules also apply. No general statute caps move-in or convenience fees or requires all-in rent disclosure. The electronic-payment rule (para. X) is excluded from the RSA 358-A civil-penalty remedies (RSA 540-A:4, IX(d)). Source: RSA 540-A:3, VIII, X |
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Section 8, Records & Right to Counsel in New Hampshire
| Section 8 / source of income | No. New Hampshire's fair housing law covers age, sex, gender identity, race, religion, color, marital status, familial status, physical or mental disability and national origin (and sexual orientation in advertising), but not source of income or housing vouchers. RSA 540:9-a addresses payment of rent by municipal welfare voucher in eviction cases, not refusal to rent. Source: RSA 354-A:10 |
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| Eviction record sealing | No statute provides for sealing eviction court records. Related protection: no-fault terminations (such as non-renewal of a 12+ month lease, effective July 1, 2026) may not be considered evictions for rental applications or tenant screening reports. Court-rule or judicial-branch record policies were not checked. |
| Right to a lawyer in eviction | No statewide statutory right to counsel in eviction cases found. Any judicial-branch pilot or diversion program was not checked. |
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Mold, Pests, Heat & AC in New Hampshire
| Mold | No statute — general habitability standards apply. The state minimum housing standards do not mention mold but prohibit related conditions such as roofs or walls that leak consistently and defective internal plumbing or sewage back-ups. RSA 48-A:14 applies in municipalities that have not adopted their own housing ordinances or codes; local codes govern elsewhere. Neither RSA 48-A nor RSA 540-A contains a mold disclosure or remediation requirement. Source: RSA 48-A:14, II and IV |
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| Pests & bed bugs | The landlord may not maintain premises infested by insects and rodents without a periodic inspection and eradication program, or infested by bed bugs without a periodic inspection and remediation program (remediation = substantially reducing bed bugs for at least 60 days). The landlord must investigate a tenant's report of insects, bed bugs, or rodents within 7 days and take reasonable measures to remediate. Tenants may not refuse access for emergency pest entry or, on 48 hours' written notice, for a bed-bug check when an adjacent, above, or below unit has bed bugs, and must follow reasonable written preparation instructions given at least 72 hours before treatment. Emergency entry for infestations counts as emergency repair if it occurs within 72 hours of the landlord's first notice. No state bed-bug disclosure requirement for new tenants. |
| Heat | Yes. Heating facilities must be properly installed, safely maintained, in good working condition, and capable of heating all habitable rooms, bathrooms, and toilet rooms to an average of at least 65°F; when the landlord supplies heat as part of the rent, rooms must actually be kept at a minimum average of 65°F. No heating season is specified. A landlord may not willfully interrupt heat or other utility service except temporarily for repairs or emergencies. RSA 48-A:14 applies where the municipality has not adopted its own housing code; local codes may set different standards. Source: RSA 48-A:14, XI; RSA 540-A:3, I |
| Air conditioning | No state requirement to provide air conditioning or a maximum indoor temperature. The state minimum standards address heat but not cooling. Source: RSA 48-A:14 |
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Privacy, Guests & Animals in New Hampshire
| Cameras & privacy | No landlord-specific camera statute, but it is a class A misdemeanor to install or use, without consent, any device to observe, photograph, record, or transmit images or sounds in a private place (which includes the interior of one's dwelling), or from outside a private place to capture images, location, movement, or sounds not ordinarily perceptible outside it. A landlord may not enter without the tenant's prior consent except for emergency repairs or under a court order. Visible cameras in common areas are not specifically regulated by state landlord-tenant law; the privacy statute turns on whether the place is one where a person may reasonably expect to be safe from surveillance. |
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| Guests & occupants | No statute — lease governs guests and occupancy. A person who is not a tenant, subtenant, or implied tenant may not occupy residential property without permission of the owner, landlord, or agent. No statewide occupancy limit or roommate statute; local codes and fair-housing law limit unreasonable occupancy restrictions. RSA 540-A:3 was amended effective Jan. 1, 2025, Jan. 1, 2026, and Oct. 8, 2026. Source: RSA 540-A:3, IX |
| Service & support animals (state law) | Service animals may accompany their handler or trainer into any housing accommodation. Under state law a service animal performs work or tasks for a person with a disability; providing emotional support, comfort, or companionship does not count. It is a misdemeanor to fit an animal with a vest, harness, sign, or tag representing it as a service animal when it is not, or to impersonate a person with a disability to obtain service-dog accommodations. Disability discrimination in rentals is prohibited by the state fair-housing law. No state statute sets emotional support animal documentation rules or pet-fee limits. Emotional support animals are handled as reasonable-accommodation requests under the federal Fair Housing Act and RSA 354-A. RSA 167-D's 'housing accommodation' excludes owner-occupied single-family homes renting no more than one room. |
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How eviction works in New Hampshire
Eviction cases are heard in: New Hampshire Circuit Court, District Division.
- Landlord serves a demand for rent (nonpayment cases) and a written eviction notice stating the reason with specificity (7 or 30 days depending on the ground; RSA 540:3, 540:5). Court forms are on the Judicial Branch site.
- Optional: free pre-filing mediation through the court's Eviction Diversion Program.
- After the notice period expires, landlord obtains a landlord-and-tenant writ of summons, served by the sheriff with a notice of tenant rights; returnable 7 days after service (RSA 540:13).
- Tenant files an appearance by the return day; for cases under the Oct. 8, 2026 amendments, tenant must also file an answer within 5 days after the return date stating defenses/counterclaims. Failure to appear = default.
- Hearing scheduled within 10 days after appearance (notice mailed at least 6 days before). Money claims in the case are capped at $1,500.
- Judgment: if landlord prevails, judgment enters 7 days after the notice of decision; court may grant a discretionary stay (from Oct. 8, 2026: up to 60 days, or 75 in limited cases; tenant pays weekly rent in advance) (RSA 540:13-c).
- Writ of possession issues; the sheriff removes the tenant (RSA 540:14). Tenant appeal requires notice of intent within 7 days and paying rent into court during the appeal.
Appearance due by the return day (7 days after sheriff's service); answer due within 5 days after the return date (effective Oct. 8, 2026); hearing within 10 days after the appearance.
Source: RSA 540:3, 540:5, 540:13, 540:13-c, 540:14
What surprises people about New Hampshire rental law
- Most residential rentals are 'restricted property' where the landlord needs one of the listed good-cause reasons to end a tenancy, even month to month (RSA 540:2, https://gc.nh.gov/rsa/html/LV/540/540-2.htm).
- Effective July 1, 2026 (2025 ch. 263), lease expiration is good cause for a lease of 12+ months if the landlord gives at least 60 days' written non-renewal notice and files within 6 months; these 'no-fault' terminations may not be treated as evictions for tenant screening (RSA 540:2, II(i), VIII, https://gc.nh.gov/rsa/html/LV/540/540-2.htm).
- 2026 ch. 308 (effective Oct. 8, 2026) changed eviction procedure: tenant answer due 5 days after return date, discretionary stays cut from up to 3 months to 60 days (75 in limited cases), and tenants filing post-judgment motions must keep paying rent (RSA 540:13, 540:13-c, https://gc.nh.gov/rsa/html/LV/540/540-13.htm).
- A tenant can stop a nonpayment eviction by paying everything owed plus $15 liquidated damages and court costs before the hearing, but only 3 times in 12 months (RSA 540:9, https://gc.nh.gov/rsa/html/LV/540/540-9.htm).
- Deposit interest is owed on deposits held a year or more (RSA 540-A:6, IV, https://gc.nh.gov/rsa/html/LV/540-A/540-A-6.htm).
- Landlords must investigate reported bed bug/insect infestations within 7 days (RSA 540-A:3, V-a, https://gc.nh.gov/rsa/html/LV/540-A/540-A-3.htm).
- After a tenant vacates, the landlord must store left-behind property with reasonable care for 7 days before disposing of it (RSA 540-A:3, VII, https://gc.nh.gov/rsa/html/LV/540-A/540-A-3.htm).
Federal law that also applies in New Hampshire
These federal rules apply on top of New Hampshire law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
Eviction by county in New Hampshire
Which court hears evictions, filing fees, local rent levels and help:
For landlords
How to evict a tenant in New Hampshire — steps, cost, timeline and forms.
Common New Hampshire questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How New Hampshire compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| New Hampshire | One month's rent or $100, whichever is greater. RSA 540-A:6, I(a) | Within 30 days after the tenancy ends. RSA 540-A:7, I | 7-day written eviction notice (plus a demand for rent), stating the reason with specificity and telling the tenant of the right to avoid eviction by paying arrears. RSA 540:3, II-IV; RSA 540:2, II(a); RSA 540:5 |
| Maine | 2 months' rent 14 M.R.S. § 6032 | Written rental agreement: within the time stated in the agreement, which may not exceed 30 days. Tenancy at will: 21 days after termination or surrender and acceptance of the premises, whichever is later. 14 M.R.S. § 6033(2) | 7-day written notice to quit (tenancy at will) when rent is 7 or more days in arrears. Paying the full rent due before the notice expires voids it. After expiration, paying all arrears, rent due to date, and the landlord's filing and service fees before the writ of possession issues reinstates the tenancy. 14 M.R.S. § 6002(1)(C), (1), (2) |
| Massachusetts | Security deposit may not exceed one month's rent. At or before the start of a tenancy a landlord (or the landlord's agent) may require only: first full month's rent, last full month's rent (at the same rate as the first), a security deposit of up to one month's rent, and the purchase and installation cost of a new lock and key. No other upfront charges (e.g., application, pet, or landlord-side broker fees) are allowed. G.L. c. 186, § 15B(1)(b) | 30 days after the tenancy ends (end of a tenancy at will or end of the lease term). The landlord must return the deposit, or whatever balance remains, with any accrued interest. G.L. c. 186, § 15B(4) | 14 days' written notice to quit. For tenants at will: a tenant who has not received a similar notice in the previous 12 months can cure by paying the full rent due within 10 days after receiving the notice, and the notice must state this right. For tenants with a lease: the tenant can cure by paying all rent due, plus interest and costs, on or before the day the answer is due in the eviction case. G.L. c. 186, §§ 11, 12, 31 |
| Vermont | No statutory cap. 9 V.S.A. 4461 | Within 14 days from the date the landlord learns the tenant vacated (or from the move-out date if the tenant gave notice of it); 60 days for seasonal rentals not intended as a primary residence. 9 V.S.A. 4461(c) | Written notice of termination at least 14 days after actual notice. The tenancy does not terminate if the tenant pays or tenders all rent due through the end of the rental period in which payment is made. 9 V.S.A. 4467(a) |
New Hampshire landlord-tenant FAQ
How much can a landlord charge for a security deposit in New Hampshire?
One month's rent or $100, whichever is greater. (RSA 540-A:6, I(a))
How long does a landlord have to return a security deposit in New Hampshire?
Within 30 days after the tenancy ends. (RSA 540-A:7, I)
Does a landlord have to pay interest on a security deposit in New Hampshire?
Required if the landlord holds the deposit for 1 year or more: interest at the rate paid on regular savings accounts at the NH bank, savings and loan, or credit union where it is held (actual interest earned, pro-rated, if deposits are pooled). (RSA 540-A:6, IV)
Does a landlord in New Hampshire have to give an itemized list of deposit deductions?
Yes. Written, itemized list of damages beyond reasonable wear and tear, describing each repair with satisfactory evidence it was or will be done (receipts, estimates, invoices); unpaid rent or other charges must be itemized with the period covered. (RSA 540-A:7)
What happens if a landlord in New Hampshire wrongfully keeps a security deposit?
Landlord who fails to return the deposit/interest or itemize as required is liable for twice the amount of the deposit plus any interest due, less amounts already paid and lawful deductions. (RSA 540-A:8, I)
How much notice does a landlord have to give before evicting for unpaid rent in New Hampshire?
7-day written eviction notice (plus a demand for rent), stating the reason with specificity and telling the tenant of the right to avoid eviction by paying arrears. (RSA 540:3, II-IV; RSA 540:2, II(a); RSA 540:5)
How much notice is required to evict for a lease violation in New Hampshire?
30-day written eviction notice for breach of a material lease term or other good cause; 7 days for substantial damage to the premises, conduct affecting health or safety, or (in certain domestic-violence cases) a remaining cotenant accused of abuse. (RSA 540:3, II; RSA 540:2, II-III)
How much notice is needed to end a month-to-month lease in New Hampshire?
Landlord: 30 days' written eviction notice (restricted property requires a statutory good-cause reason; non-restricted property can be terminated without cause). Tenant: 30 days' notice; if the date doesn't fall on a rent due date, tenant owes rent through the next rent due date unless the lease says otherwise. (RSA 540:2, I-II; RSA 540:3, II; RSA 540:11, II)
Can a landlord enter without notice in New Hampshire?
Landlord may not enter without the tenant's consent except for emergency repairs or under a court order. Tenant may not unreasonably refuse entry at a reasonable time after 'notice which is adequate under the circumstances' (no fixed number of hours). (RSA 540-A:3, IV-V)
Is there a limit on late fees in New Hampshire?
No statutory cap or grace period found. (RSA ch. 540 (no late-fee section))
Can a tenant repair and deduct from rent in New Hampshire?
No statutory repair-and-deduct remedy. (RSA ch. 540; RSA 540:13-d)
Can a tenant withhold rent for repairs in New Hampshire?
Limited: a tenant who was current on rent may defend a nonpayment eviction if the unit substantially violates RSA 48-A or local codes materially affecting habitability, the tenant gave written notice, and the landlord failed to fix it within 14 days (or promptly in an emergency). Tenant must pay withheld and accruing rent into court; court may continue the case up to 1 month for repairs. (RSA 540:13-d)
Can a landlord retaliate against a tenant for complaining in New Hampshire?
Defense to eviction if retaliatory for: reporting (in good faith) a code or RSA 540-A violation to the landlord or an enforcement agency; filing an RSA 540-A action or using RSA 540:13-d; or meeting/organizing with other tenants. Rebuttable presumption of retaliation if the landlord evicts, raises rent, or substantially changes terms within 6 months of the protected act. (RSA 540:13-a; RSA 540:13-b)
Is there rent control or a limit on rent increases in New Hampshire?
No statewide rent control or rent-increase cap in RSA ch. 540. On restricted property, a tenant's refusal of a rent increase is good cause for eviction only if the landlord gave at least 30 days' written notice of the amount and effective date. (RSA 540:2, IV)
Can a landlord change the locks or shut off utilities in New Hampshire?
Prohibited. Landlord may not willfully interrupt or terminate any utility (even one it doesn't control), except temporarily for repairs or emergencies, and may not lock out or deny access to the tenant or the tenant's property except by judicial process. (RSA 540-A:3, I-III; RSA 540-A:4; RSA 358-A:10)
What is the small claims court limit in New Hampshire for a deposit dispute?
$10,000 (excluding interest and costs). (RSA 503:1, I)
How do you remove a squatter in New Hampshire?
Fast court petition. No one who is not a tenant, subtenant or implied tenant may occupy residential property without the permission of the owner, landlord or their agent. The owner (including a 'non-rental owner' who does not rent the property out) or landlord files a petition in the district court; there is no filing fee, no lawyer is needed, and a peace officer or sheriff serves it. A hearing must be held within 48 hours of same-day service (or of service). If the occupant claims to be a subtenant or implied tenant, the occupant must prove it (e.g., a signed unexpired lease, recent rent receipts, cancelled checks, electronic payments, or messages showing an agreement); utility bills or IDs showing the address are not enough on their own. If the owner wins, the court orders immediate removal by law enforcement and awards actual damages or $1,000, whichever is greater; the owner may dispose of remaining belongings (after 48 hours' notice if the occupant was an unauthorized subtenant) and occupants may be arrested for trespass. If the property is the non-rental owner's own residence and the occupant gets a continuance, the court must order the occupant out pending the hearing. (RSA 540-A:3, IX; RSA 540-A:4, II-a, III, VI, VII(e) (VII(c) before Oct. 8, 2026))
What can a landlord do with a tenant's abandoned property in New Hampshire?
The landlord must store a departed tenant's personal property with reasonable care for 7 days after the tenant vacates (voluntarily or by eviction). During those 7 days the tenant may recover it without paying rent or storage fees. After 7 days, the landlord may dispose of it without notice to the tenant. (RSA 540-A:3, VII)
Is there a limit on rental application fees in New Hampshire?
No dollar cap. Before collecting any application or renewal fee, the landlord must disclose in writing the amount of the fee and whether a satisfactory criminal background and credit check is required. If the applicant is not offered the unit, the landlord must refund everything beyond the actual cost of the documented background check, credit check and/or reasonable administrative costs within 30 days. (RSA 540-A:3, VIII)
What rental fees are banned or limited in New Hampshire?
Limited. A landlord may not require rent or other lease payments to be made only by electronic funds transfer (including automatic recurring transfers); at least one non-electronic payment method must be allowed. Application-fee disclosure and refund rules also apply. No general statute caps move-in or convenience fees or requires all-in rent disclosure. (RSA 540-A:3, VIII, X)
Can a domestic violence survivor break a lease in New Hampshire?
Yes (since Jan. 1, 2025). A tenant may end the lease if, within the most recent 150 days, the tenant or a household member at the premises was a victim of domestic violence, sexual assault or stalking (or a new event related to past abuse makes the victim fear for their safety), and the victim gives the landlord written verification of one of: a protective order; filing for a protective order; a report to law enforcement; a statement from a law enforcement official, victim's advocate, attorney or health care provider; or a signed circuit-court self-certification form. The tenant must move out within 30 days of notice (or another agreed date) and owes rent only through the termination date or move-out date, whichever is later. The deposit stays applied until all tenants leave. The landlord must keep the verification confidential. (RSA 540:11-b (2024 ch. 9))
When can a tenant break a lease without penalty in New Hampshire?
Military: a tenant may end a lease if called to active duty as a member of the armed services reserve or National Guard, or, if on active duty, reassigned out of state. Notice of termination must be given within 7 days of receiving notice of the call-up or reassignment, by written notice under SCRA section 305. No state statute was found for medical/disability, senior, or tenant-death termination. (RSA 540:11-a)
Can an eviction record be sealed or removed in New Hampshire?
No statute provides for sealing eviction court records. Related protection: no-fault terminations (such as non-renewal of a 12+ month lease, effective July 1, 2026) may not be considered evictions for rental applications or tenant screening reports. (RSA ch. 540 and 540-A (no sealing provision); RSA 540:2, VIII)
Can a landlord refuse Section 8 vouchers in New Hampshire?
No. New Hampshire's fair housing law covers age, sex, gender identity, race, religion, color, marital status, familial status, physical or mental disability and national origin (and sexual orientation in advertising), but not source of income or housing vouchers. (RSA 354-A:10)
Do tenants have a right to a free lawyer in eviction cases in New Hampshire?
No statewide statutory right to counsel in eviction cases found. (RSA ch. 540 (no counsel provision))
What does a New Hampshire notice to pay rent or quit have to include?
Two documents: a demand for rent (made any time after rent is due, before or together with the eviction notice) and a written eviction notice giving 7 days. The eviction notice must state the reason with specificity and tell the tenant of any right to avoid eviction by paying the arrears plus $15 liquidated damages (RSA 540:9; available 3 times in 12 months). Either may be served by any person, in hand or left at the tenant's last and usual place of abode; proof is an attested copy with an affidavit of service. The district court publishes demand and eviction notice forms; landlords need not use them, but a valid notice must include the same information the forms request. (RSA 540:3, II-IV; 540:4; 540:5; 540:9)
What does a New Hampshire notice to end a month-to-month tenancy have to include?
A written eviction notice giving at least 30 days and stating the reason with specificity. On 'restricted property' (most rentals) the landlord must have a statutory good cause; for a 12+ month lease that is expiring, 60 days' written non-renewal notice is required (effective July 1, 2026). Served by any person, in hand or left at the tenant's last and usual place of abode, with an attested copy and affidavit of service. A valid notice must include the information requested on the district court's eviction notice form. (RSA 540:2; 540:3, II-III; 540:5)
What must a New Hampshire security deposit itemization include?
Within 30 days after the tenancy ends, the landlord must return the deposit plus any interest due, less lawful deductions. For damage beyond reasonable wear and tear, the landlord must give a written, itemized list describing with particularity each repair needed, with satisfactory evidence the repair has been or will be done (such as receipts, labor estimates, bills or invoices). For unpaid rent, tax-escalation shares or other lawful charges, the itemized list must state the period each claim covers. (RSA 540-A:7)
How long does a landlord have to sue for unpaid rent in New Hampshire?
3 years for personal actions, including suits on written or oral leases for unpaid rent or damages. The 3 years run from the act or omission, or from when the injury was or reasonably should have been discovered. (RSA 508:4, I)
Can a landlord accept rent during an eviction in New Hampshire?
In a nonpayment eviction, while the case is pending, the landlord may accept the back rent without creating a new tenancy if the landlord tells the tenant in writing that it plans to go ahead with the eviction anyway. The landlord may instead refuse payment and proceed. Separately, a tenant can stop a nonpayment eviction by paying all arrears plus $15 liquidated damages and costs before the hearing on the merits; this right has limits on how often it can be used. (RSA 540:13, VII; RSA 540:9)
Can you be evicted in the winter in New Hampshire?
No statute — RSA ch. 540 and 540-A have no winter or cold-weather limit on residential evictions. (RSA ch. 540, 540-A (full chapters reviewed))
Can a landlord give notice by text or email in New Hampshire?
A demand for rent or an eviction notice may be served by any person, either on the tenant personally or by leaving it at the tenant's last and usual place of abode. Proof is a true attested copy with an affidavit of service, which need not be sworn. Pre-eviction warning notices for 'other good cause' must be served the same way or by certified mail. (RSA 540:5, I; RSA 540:2, III)
How much notice is required for a rent increase in New Hampshire?
For restricted property (most rentals, which are covered by good-cause eviction rules), a tenant's refusal to accept a rent increase is good cause to evict only if the landlord gave written notice of the amount and effective date at least 30 days before the increase. No statute sets an increase notice for exempt (nonrestricted) property. Under RSA 540:2, II(i), a landlord who will not renew a lease of 12 months or more must give 60 days' written notice. (RSA 540:2, IV; RSA 540:1-a)
Does a landlord have to give a copy of the lease in New Hampshire?
No statute requires the landlord to give the tenant a copy of the lease. On receiving a security deposit, the landlord must promptly give a signed receipt stating the amount and where it is held (unless paid by check). The landlord must also tell the tenant in writing to list any conditions needing repair within 5 days of move-in. (RSA 540-A:6, I(b)-(c))
What are tenants' rights in a foreclosure in New Hampshire?
A purchaser at a foreclosure sale may recover possession only through the regular possessory (eviction) action after a written notice to quit (RSA 540:12). Good-cause eviction rules continue to protect tenants of restricted property after foreclosure, except single-family houses taken by banks or mortgagees through foreclosure, which are exempt (RSA 540:1-a, I(d)). When property is sold or foreclosed, the landlord must turn the security deposit over to the buyer, receiver, or foreclosure purchaser within 5 days (RSA 540-A:6, III). (RSA 540:12; RSA 540:1-a, I(d); RSA 540-A:6, III)
Does a landlord have to fix mold in New Hampshire?
No statute — general habitability standards apply. The state minimum housing standards do not mention mold but prohibit related conditions such as roofs or walls that leak consistently and defective internal plumbing or sewage back-ups. (RSA 48-A:14, II and IV)
Who pays for pest control and bed bugs in New Hampshire?
The landlord may not maintain premises infested by insects and rodents without a periodic inspection and eradication program, or infested by bed bugs without a periodic inspection and remediation program (remediation = substantially reducing bed bugs for at least 60 days). The landlord must investigate a tenant's report of insects, bed bugs, or rodents within 7 days and take reasonable measures to remediate. Tenants may not refuse access for emergency pest entry or, on 48 hours' written notice, for a bed-bug check when an adjacent, above, or below unit has bed bugs, and must follow reasonable written preparation instructions given at least 72 hours before treatment. (RSA 48-A:14, I and I-a; RSA 540-A:3, IV-a, V-a to V-c)
Does a landlord have to provide heat in New Hampshire?
Yes. Heating facilities must be properly installed, safely maintained, in good working condition, and capable of heating all habitable rooms, bathrooms, and toilet rooms to an average of at least 65°F; when the landlord supplies heat as part of the rent, rooms must actually be kept at a minimum average of 65°F. No heating season is specified. A landlord may not willfully interrupt heat or other utility service except temporarily for repairs or emergencies. (RSA 48-A:14, XI; RSA 540-A:3, I)
Does a landlord have to provide air conditioning in New Hampshire?
No state requirement to provide air conditioning or a maximum indoor temperature. (RSA 48-A:14)
What can a landlord deduct from a deposit for cleaning or damage in New Hampshire?
Not defined by statute. The landlord may deduct repair costs for damage 'excluding reasonable wear and tear,' and must give a written itemized list describing each repair with particularity plus satisfactory evidence (receipts, estimates, invoices) that the repair has been or will be done. Unpaid rent, agreed tax shares, and other lawful lease charges may also be deducted. (RSA 540-A:7, I-II)
Can a landlord put cameras in or around a rental in New Hampshire?
No landlord-specific camera statute, but it is a class A misdemeanor to install or use, without consent, any device to observe, photograph, record, or transmit images or sounds in a private place (which includes the interior of one's dwelling), or from outside a private place to capture images, location, movement, or sounds not ordinarily perceptible outside it. A landlord may not enter without the tenant's prior consent except for emergency repairs or under a court order. (RSA 644:9, I-II; RSA 540-A:3, IV and V-d)
Can a landlord limit guests or roommates in New Hampshire?
No statute — lease governs guests and occupancy. A person who is not a tenant, subtenant, or implied tenant may not occupy residential property without permission of the owner, landlord, or agent. (RSA 540-A:3, IX)
Can a landlord deny a service or emotional support animal in New Hampshire?
Service animals may accompany their handler or trainer into any housing accommodation. Under state law a service animal performs work or tasks for a person with a disability; providing emotional support, comfort, or companionship does not count. It is a misdemeanor to fit an animal with a vest, harness, sign, or tag representing it as a service animal when it is not, or to impersonate a person with a disability to obtain service-dog accommodations. Disability discrimination in rentals is prohibited by the state fair-housing law. No state statute sets emotional support animal documentation rules or pet-fee limits. (RSA 167-D:1, 167-D:2, 167-D:4, 167-D:8, 167-D:10; RSA 354-A:10)
Official resources for New Hampshire
- NH Judicial Branch: Landlord/Tenant (District Division) forms and Eviction Diversion Program
- NH Judicial Branch video: Navigating the New Hampshire Eviction Process
- RSA Chapter 540 (full text)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.