Statutes and source material
This is the source-based version of the New Hampshire security deposit guide. It explains the statutes, the 30-day rule, deposit limits, itemization, interest, remedies, and the small-claims direction used for this package.
The main New Hampshire sources
The rules that matter most
- The deposit cap is one month's rent or $100, whichever is greater, for covered rentals.
- The landlord must return the security deposit and interest due, if any, within 30 days after tenancy termination.
- Damage deductions require a written itemized list and satisfactory evidence that repair has been or will be completed.
- Reasonable wear and tear is not deductible.
- Interest can matter if the deposit is held for more than one year.
- Noncompliance can support double damages, attorney's fees, and costs.
- Security-deposit return disputes generally belong in small claims, not RSA 540-A petition procedure.
1. The 30-day return rule
New Hampshire generally requires the landlord to return the security deposit and any interest due within 30 days after the tenancy terminates.
2. Deposit cap, receipt, and condition notice
New Hampshire's deposit cap is one month's rent or $100, whichever is greater, for covered rentals.
The source materials also describe receipt and move-in condition notice rules. Those early records can matter later if the deposit becomes disputed.
3. Deductions and reasonable wear and tear
New Hampshire permits deductions for damage beyond reasonable wear and tear, unpaid rent, tenant share of real-estate taxes if the lease requires it, and other lawful unpaid lease charges.
Damage deductions should be itemized and supported by evidence that repair has been or will be completed.
4. Remedies if the landlord does not comply
If the landlord fails to comply with New Hampshire's deposit rule, you could win twice the deposit amount plus applicable interest, less lawful charges, along with attorney's fees and costs. That is leverage, and it makes the 30-day deadline, interest issue, itemization problem, repair-evidence gap, coverage facts, deduction issue, and amount owed important.
That makes these practical facts especially important:
- the tenancy termination date
- whether the rental is covered by the special deposit protections
- whether the deposit and interest were returned on time
- whether the landlord sent a written itemized statement
- whether deductions fit lawful categories
- whether claimed damage is really reasonable wear and tear
- the actual amount still owed
Coverage exceptions
New Hampshire's special security-deposit protections do not fit every rental arrangement.
Coverage can be different in some owner-occupied buildings and some single-family arrangements. If your rental is in one of those categories, the practical facts still matter: deposit amount, lease terms, tenancy end date, itemization, deductions, repair evidence, and the refund balance.
5. Small claims, not RSA 540-A petition procedure
The New Hampshire court information sheet says the return of a security deposit is not a basis for filing a 540-A petition and should be filed as a small claims case.
Important: This page provides general educational information and is not legal advice. For the official materials, use the source links above.