New Hampshire Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

Security deposits

Max

A landlord may not demand or receive a security deposit above one month's rent or $100, whichever is greater (RSA 540-A:6, I(a)); if the lease calls for quarterly or less frequent rent, a deposit taken in addition to the first rent payment may not exceed one month's rent. 'Security deposit' means all funds in excess of the monthly rent transferred from tenant to landlord for any purpose (540-A:5, II). The landlord must promptly give a signed receipt stating the amount and where the deposit is held (not required if paid by personal, bank or government/nonprofit check) and a written list of unit conditions needing repair, which the tenant may note within 5 days of occupancy (540-A:6, I(b)-(c)). Deposits are held in trust, not mingled with the landlord's own money (a single trust account of all deposits at a NH bank is allowed; a NH surety bond posted with the city/town clerk is an alternative) (540-A:6, II). Landlord definition (540-A:5, I): a person who rents a single-family residence and owns no other rental property, or who rents units in an owner-occupied building of 5 units or less, is NOT a 'landlord' for this deposit subdivision, except for a unit occupied by someone aged 60+.

Return deadline days

30 days

Itemization required

Yes

Interest required

Yes, after one year: a landlord who holds a deposit for one year or longer must pay interest at the rate paid on regular savings accounts at a NH bank, savings and loan or credit union (actual interest earned, pro rata, if deposits are pooled), counted from the date the deposit was received (or September 13, 1977, if later) (RSA 540-A:6, IV(a)). A tenant may request accrued interest every 3 years, 30 days before the end of the year's tenancy; the landlord must pay within 15 days after the year ends (540-A:6, IV(c)). On request the landlord must give the bank name, account number, amount on deposit and interest rate (540-A:6, IV(b)).

Source: RSA 540-A:5, I-II; 540-A:6, I-IV; 540-A:7, I-II; 540-A:8, I-III

Late fees

Rule

No provision on residential late fees found in the sections read (RSA 540-A:3-8, 540:2, 540:3). Not every RSA title was searched; any late fee therefore comes from the lease. (NH does regulate a different fee: an application/renewal fee must be disclosed in writing beforehand and, if the unit is not rented to that applicant, anything beyond actual documented screening cost and reasonable administrative cost must be returned within 30 days - RSA 540-A:3, VIII, eff. 2025-01-01.)

Source: RSA 540-A:3, VIII (application fees only); no late-fee provision found

Landlord entry

Notice

A landlord may not willfully enter the tenant's premises without prior consent, other than to make emergency repairs (RSA 540-A:3, IV). Without consent the landlord may enter only for emergency repairs (including emergency evaluation/remediation of an insect or rodent infestation within 72 hours of first notice) or under a court order (540-A:3, IV-a, V-d). A tenant may not willfully refuse the landlord access to make necessary repairs or perform other reasonable and lawful functions of rental-property ownership 'at a reasonable time after notice which is adequate under the circumstances' (540-A:3, V). No fixed number of hours' notice is set, except 48 hours' written notice to inspect for bed bugs next to an infested unit (540-A:3, V-b) and at least 72 hours for written preparation instructions before pest remediation (V-c). A landlord may not willfully cut utilities (water, heat, electricity, gas etc., except temporary interruption during actual repairs or emergencies) or deny the tenant access/possession other than through judicial process (540-A:3, I-III). A landlord who vacated-tenant property must store it with reasonable care for 7 days (540-A:3, VII). Remedies include RSA 358-A:10 civil remedies with attorney's fees; unlawful lockout where the landlord re-lets the unit: damages not less than $3,000 (540-A:4, IX(a),(e)).

Source: RSA 540-A:3, I-V-d, VII; 540-A:4, IX

Ending a month-to-month tenancy

Tenant

No statute found setting a notice period for a tenant to end a month-to-month tenancy (RSA 540:2 and 540:3 govern notice by the lessor/owner).

Landlord

For all residential tenancies the landlord's eviction notice is 30 days (RSA 540:3, II); 7 days suffice for nonpayment of rent, substantial damage, behaviour adversely affecting health/safety, or an accused domestic-violence perpetrator (540:2, II(a),(b),(d),(h)). The notice must state the reason with specificity (540:3, III). Whether the landlord needs a stated cause depends on whether the property is 'restricted' or 'nonrestricted' (540:2, I-II; defined in RSA 540:1-a). For restricted property the permitted reasons are listed in 540:2, II(a)-(i). New 540:2, II(i), effective July 1, 2026: for a lease with an original term (or renewed total) of 12 months or longer, the landlord may end the tenancy at expiration if it gave written notice at least 60 days before the termination date that the lease will not be renewed and filed a possessory action within 6 months after the lease expired; this no-fault ending is not treated as an eviction for screening purposes (540:2, VIII). Where good cause is based on tenant conduct, a prior written warning notice is required (540:2, III).

Source: RSA 540:2, I-III, VIII; 540:3, II-IV

Rent increases

Rule

A tenant's refusal to agree to a rent increase is 'good cause' for eviction (restricted property) only if the landlord gave written notice of the amount and effective date of the increase at least 30 days before it takes effect (RSA 540:2, IV). No separate general statute requiring notice of a rent increase was found.

Source: RSA 540:2, IV

Repairs & habitability

Rule

Standards of fitness are set by RSA 48-A (and local codes). Where a municipality has not adopted codes, a landlord may not keep premises with e.g. rodent/insect infestation, defective plumbing, exposed wires or electrical danger, consistently leaking roof/walls, structurally unsound porches/stairs, inadequate water supply or heat, gas leaks, or heating unable to maintain 65 degrees F (RSA 48-A:14). A landlord must investigate a tenant's infestation report within 7 days (540-A:3, V-a). Defence to eviction for nonpayment: no possession action based on nonpayment can be maintained if the premises substantially violate the fitness standards and materially affect habitability, provided the tenant (not in arrears) proves by clear and convincing evidence notice to the person to whom he pays rent, the landlord failed to correct within 14 days of written notice (or promptly in an emergency), the tenant did not cause the violation, and the tenant did not block repairs (540:13-d, I); the court may continue the case up to one month and require rent to be paid into court (540:13-d, II). Tenants may also petition the district court under RSA 540-A:4 for damages for breach of the warranty of habitability. No repair-and-deduct statute found.

Source: RSA 48-A:14; 540:13-d; 540-A:3, V-a; 540-A:4, VII

Retaliation

Rule

Except where the tenant owes one week's rent or more, it is a defence to a possessory action on residential property that the action was in retaliation for the tenant (I) reporting a violation (or what he reasonably and in good faith believes is a violation) of RSA 540-A or an unreasonable and substantial violation of a regulation/housing code to the landlord or an inspecting authority, (II) initiating a good-faith action under RSA 540-A or using the procedure of 540:13-d, or (III) meeting with other tenants for any lawful purpose (RSA 540:13-a). No time-based presumption.

Source: RSA 540:13-a

Clauses often unenforceable in New Hampshire

• Any lease provision by which the tenant waives rights under the security deposit subdivision (RSA 540-A:5-8) is void, except the transfer clause in 540-A:6, III(d) (RSA 540-A:8, III)
• A deposit above one month's rent or $100, whichever is greater (RSA 540-A:6, I(a))
• Mingling deposits with the landlord's own money outside the trust-account or bond options (RSA 540-A:6, II)
• Retaining a deposit beyond 30 days after termination without an itemized list of damages (RSA 540-A:7, I; 540-A:8, I(b))
• Self-help lockout or utility shut-off to force a tenant out (RSA 540-A:3, I-III; 540-A:4, IX)
• Collecting an application/renewal fee without prior written disclosure, or keeping the unused part of it after not renting to the applicant (RSA 540-A:3, VIII, eff. 2025-01-01)