New Hampshire approaches landlord-tenant law from an unusual angle. The security deposit statute, RSA 540-A:5 through 540-A:8, is one of the most tenant-protective in the country — deposits are capped at one month’s rent, held in trust, earn interest when held more than a year, and can produce double damages if mishandled. Evictions run through RSA Chapter 540, which for most residential property requires the landlord to show good cause to end a tenancy.
The other side of the ledger is wide open: no rent control, no limit on the size of a rent increase, and a habitability system that leans on state and town housing codes. Most Granite State tenancies have no written lease at all, so the statutory defaults — notice periods and deposit rules — do most of the work.
This guide covers deposits, rent increases, repairs, eviction notices, and dispute resolution under New Hampshire law. It is general information, not legal advice; for specific situations, contact 603 Legal Aid or the Legal Advice and Referral Center.
| Governing law | RSA Chapters 540 and 540-A |
|---|---|
| Security deposit cap | 1 month’s rent or $100, whichever is greater (RSA 540-A:5) |
| Deposit return deadline | 30 days after the tenancy ends, with an itemized list of deductions |
| Deposit interest | Paid when the deposit is held for more than one year (RSA 540-A:6) |
| Nonpayment notice to quit | 7 days (RSA 540:3) |
| Rent increase notice | 30 days in writing when there is no lease |
New Hampshire Rental Law at a Glance
New Hampshire’s landlord-tenant rules sit in two places: RSA Chapter 540 (Actions Against Tenants), which governs evictions and notice-to-quit requirements, and RSA Chapter 540-A (Prohibited Practices and Security Deposits), which covers deposits, retaliation, and the landlord’s duty to keep premises fit. Under RSA 540:2, most residential property is “restricted,” meaning a landlord may end a tenancy only for good cause — nonpayment, substantial damage, or other violations — while smaller owner-occupied buildings are treated more leniently.
Because leases are optional in New Hampshire, the statutory defaults matter. A written lease that fixes rent, term, and notice is the best protection for both sides — without one, either side can change or end the tenancy on 30 days’ written notice.
Security Deposits: One Month’s Rent, Held in Trust
A New Hampshire landlord cannot demand a security deposit larger than one month’s rent or $100, whichever is greater (RSA 540-A:5), and the deposit remains the tenant’s money held in trust in a bank account, separate from personal funds, with a signed receipt stating the bank and the five-day window to submit a move-in defect list.
- ✓If the landlord holds the deposit for more than one year, the tenant is entitled to the interest it earned and can demand it every three years (RSA 540-A:6).
- ✓Within 30 days after the tenancy ends, the landlord must return the deposit or the balance, with an itemized list of deductions and evidence such as receipts or labor estimates. Normal wear and tear is not chargeable.
- ✓A tenant who sues over a non-return, unpaid interest, or a missing itemized list can recover double the deposit. For other violations — an oversized deposit, no receipt, or commingled funds — the tenant can recover actual damages or $1,000, whichever is greater, plus costs and attorney’s fees, or three times the damages if the violation was willful.
- ✓Exemptions: the law does not protect tenants of a single-family home rented by a landlord with no other rentals, tenants under 60 in small buildings where the landlord lives, or business, vacation, and recreational rentals — though the deposit must still be returned.
Rent Increases in New Hampshire
There is no cap on rent increases in New Hampshire and no rent control anywhere in the state. Without a written lease, the landlord must give 30 days’ written notice of a proposed increase (60 days in a manufactured housing park), and the tenant may accept it or treat it as a new offer and move. With a lease, the rent is locked for the term unless an escalator clause says otherwise.
A rent increase is a change to the tenancy, so a tenant who refuses must be given a 30-day notice to quit for “other good cause.” If the landlord skips the written notice or gives less than 30 days, the increase is not enforceable, and Section 8 tenants need housing-authority approval for any increase.
Habitability, Repairs, and Rent Withholding
New Hampshire landlords must keep the premises fit for human habitation (RSA 540-A:3), and the practical standard is enforced through state and town housing codes (RSA 48-A). Tenants do have a statutory right to withhold rent — but only for a serious code violation that threatens health or safety, and only after strict steps: written notice at least 14 days before the next rent payment is due and the landlord’s failure to fix the violation within 14 days (RSA 540:13-d).
If the judge is not convinced the tenant followed the statute, the tenant loses the eviction. The safer path is a written repair request, a town code-enforcement inspection, and a court action if the landlord ignores it. Rent withholding is a carefully used defense, not a first resort.
Required Disclosures and Safety Devices
Housing built before 1978 carries the federal lead-based paint disclosure, and New Hampshire adds its own lead law, RSA 130-A, with disclosure and remediation duties for rental property, including the sale-and-rental disclosure requirements in RSA 130-A:5-d. Cities with childhood lead-poisoning programs may add stricter local rules.
State law requires working smoke detectors and carbon monoxide detectors in dwellings — the CO requirement (RSA 153:10-a) covers units with fuel-burning appliances or attached garages — and towns enforce their own housing codes through inspections.
Evictions and Termination in New Hampshire
The notice to quit is the first step in any New Hampshire eviction. For nonpayment of rent, the landlord gives 7 days’ written notice (RSA 540:3), and the tenant can stop the eviction by paying all rent due plus a $15 liquidated damage fee before the notice expires — or, under RSA 540:9, by paying the rent, fee, and filing costs before the hearing. The cure right is limited to three times in 12 months.
Substantial damage or behavior endangering health or safety also justify a 7-day notice; other good-cause terminations, including refusal of a rent increase, require 30 days. If the tenant stays, the landlord files a landlord-tenant writ in the circuit court’s district division, and the hearing is scheduled quickly. Self-help — lockouts, utility shut-offs, removing belongings — is illegal under RSA 540-A.
Resolving New Hampshire Disputes
Deposit disputes and small lease claims go to the small-claims section of the circuit court’s district division, where the ceiling is $10,000 under RSA 503:1 — comfortably above a one-month deposit plus double damages — and the process is designed for self-represented parties.
Start with a written demand letter that includes your new address and cites RSA 540-A; keep a copy. Then file in the district where the property sits with the lease, defect lists, receipts, and photos. Free help is available from 603 Legal Aid and New Hampshire Legal Assistance.
Guide reviewed 2026-08-19. Rental laws change frequently; verify the current statute text before relying on any rule on this page. This information is not legal advice.