New Hampshire Security Deposit Law: Limits, Deadlines, and Penalties
What New Hampshire landlords can charge, when deposits must be returned, and what it costs to get it wrong. Last reviewed 2026-08-12.
How much can a landlord charge in New Hampshire?
Landlords may collect no more than one month's rent or $100, whichever is greater, and all deposits — pet, cleaning, damage — count toward that single cap. The rules do not apply to landlords renting a single-family home who own no other rental property, or to owner-occupied buildings of five or fewer units, unless the tenant is 60 or older.
No separate pet deposit is allowed; pet, cleaning, and damage deposits all count toward the one-month (or $100) cap.
When must the deposit be returned?
The deposit plus any interest due must be returned within 30 days from termination of the tenancy. If deductions are claimed, the itemized damage list must be provided within the same 30 days. Rooms in shared facilities (landlord shares kitchen/bath) fall under a separate chapter, RSA 540-B, with a 20-day return rule.
Before withholding anything, the landlord must give a written, itemized list of damages described with particularity, supported by satisfactory evidence of the repair costs such as receipts or estimates.
What happens if a landlord misses the deadline?
A landlord who violates the return or accounting rules is liable for damages equal to twice the security deposit plus any interest due under RSA 540-A:8.
Interest and holding requirements
Interest is owed only if the deposit is held for one year or longer, at the actual rate paid by the bank or institution where it is held. A tenant may request payout of accrued interest every three years, 30 days before the tenancy's anniversary date.
Deposits remain the tenant's money and must be held in trust — either kept in an account at a bank or financial institution without commingling, or the landlord may post a bond with the city or town clerk. Unless paid by check, the landlord must give a signed receipt stating the amount and where the deposit is held.
What New Hampshire landlords get wrong
Many small New Hampshire landlords are exempt — if you rent out one single-family home and own no other rentals, or live in your own building of five or fewer units, RSA 540-A's deposit rules do not apply unless the tenant is 60 or older. If you are covered, remember the receipt requirement and the tenant's right to submit a written list of existing conditions within five days of move-in. Itemized deductions need real evidence — keep dated photos, receipts, and estimates, because the penalty for getting it wrong is double the deposit.
The law itself
Frequently asked questions
How much can a landlord charge for a security deposit in New Hampshire?
The greater of one month's rent or $100. That cap includes every deposit type — pet, cleaning, and damage deposits cannot be stacked on top. The limit does not apply to landlords renting a single-family home who own no other rental property, or to owner-occupied buildings of five or fewer units, unless the tenant is age 60 or older.
How long does a New Hampshire landlord have to return a security deposit?
Thirty days from the end of the tenancy, including any interest due. Any deductions must come with a written, itemized list of damages and evidence of the repair costs. For a rented room in a shared facility where the landlord shares the kitchen or bath, a separate statute sets a 20-day deadline.
Do New Hampshire landlords have to pay interest on security deposits?
Only if the deposit is held for a year or longer. The rate is whatever the savings account where the deposit sits actually earns — there is no fixed statutory rate. Tenants can request payment of accrued interest once every three years, asking within 30 days of the tenancy's anniversary date, and all interest is due when the deposit is returned.
What is the penalty for not returning a security deposit in New Hampshire?
Double damages. A landlord who misses the 30-day deadline or withholds money without a proper itemized list is liable for twice the amount of the security deposit plus any interest due. Tenants typically bring these claims in small claims court, and the double-damages exposure makes sloppy deposit handling an expensive mistake for landlords.
Keep reading
Deposit deadlines are easy to miss — until they cost you triple.
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Start Free TrialThis page is general information, not legal advice. Statutes change — verify against the official text linked above or consult a local attorney before acting.