Small Claims for Security Deposits in New Hampshire
If your landlord still has not returned your deposit, court may be the next stage.
Do not start there if your written record is still thin.
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.
Before You Treat This as a Court Case
Make sure you have already checked:
- the New Hampshire 30-day deadline
- whether the rental is covered by the special deposit protections
- whether you received a written itemized statement
- whether damage charges include repair evidence
- whether charges include reasonable wear and tear
- whether you sent a clear demand letter
If any of those points are unclear, fix the record first.
If the landlord fails to comply with New Hampshire's deposit rule, you could ask for twice the deposit amount plus applicable interest, less lawful charges, along with attorney's fees and costs when the facts support it. That is why the paper trail matters before filing.
Can a Security Deposit Claim Fit in New Hampshire Small Claims?
Yes, often.
The New Hampshire small-claims filing information says the maximum amount you can claim in a small claims action is $10,000 and that claims over $5,000 are subject to mandatory mediation.
Small claims are for money only. A deposit-return claim is usually a money claim.
Filing Basics
The New Hampshire small-claims filing information says:
- electronic filing is mandatory for small claims unless the court grants an exception
- file in a court with jurisdiction over the town where you live, where the defendant lives, or where the claim arose
- use the court's e-filing system to start a small claims case
- keep party names, addresses, claim amount, and a clear explanation ready
Use the official court materials before filing:
- Filing a Small Claim Complaint
- Filing and Pre-Trial Hearing Overview
- Electronic Services
- Circuit Court Location Map
- RSA 540-A Information Sheet
What to Gather
Before filing, organize:
- lease
- deposit payment proof
- termination and possession-delivery records
- coverage facts, if the rental arrangement may be disputed
- move-in and move-out photos
- written itemized deductions, if any
- repair evidence, if any
- refund and interest records
- demand letters and proof they were sent
- landlord responses
- a simple dollar breakdown showing what you are asking for
What the Hearing Usually Turns On
The practical issues are usually:
- when the tenancy terminated
- whether the 30-day rule expired
- whether interest is due
- whether the landlord sent a written itemized statement
- whether deductions fit allowed categories
- whether repair evidence supports claimed damage
- whether the charge is really reasonable wear and tear
- whether coverage facts affect the special deposit protections
- what your photos and records show
Bring a short, clean timeline. That helps more than a stack of unsorted papers.
TL;DR
If you are at the New Hampshire small claims stage:
- you need clear documentation
- you need the 30-day deadline calculated correctly
- your money claim must fit the small-claims limit
- the official e-filing and local court information matter
- security-deposit return claims generally belong in small claims, not a 540-A petition
See the New Hampshire Deposit Recovery System
Important
This page provides general educational information and is not legal advice. Use the official New Hampshire court resources linked above and check local court instructions before filing.