How do I get back a residential security deposit in New Hampshire?
Under New Hampshire law, a landlord must return a tenant's security deposit and any interest within a set time after the tenancy ends, and may only deduct for damages beyond normal wear and tear or other lawful charges. If a landlord keeps part or all of a deposit, the landlord generally must give the tenant a written, itemized list explaining the claimed deductions with evidence of repair costs or charges. When the landlord fails to follow the statutory rules, the tenant may be entitled to statutory damages specified by law. Remedies and exact outcomes depend on whether statutory notice and accounting requirements were met and on the facts of each case.
Current New Hampshire law
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The deadline that matters
Landlord must return the security deposit within 30 days after the tenancy ends (20 days for certain shared-facility situations).
What New Hampshire law says
A landlord must return a security deposit and pay any interest within 30 days from the termination of the tenancy, and may deduct costs for damages beyond reasonable wear and tear only if the landlord provides a written, itemized list with satisfactory evidence of repairs, under N.H. Rev. Stat. § 540-A:7. Receipt, holding, and notice requirements for deposits are set out in N.H. Rev. Stat. § 540-A:6. If a landlord does not comply with the statutory requirements for returning or accounting for a deposit, the landlord may be liable to the tenant for damages equal to twice the sum of the deposit plus any interest, less lawful deductions, under N.H. Rev. Stat. § 540-A:8. Different timing applies for shared facilities: if there is no written agreement, the deposit must be returned within 20 days after vacating under N.H. Rev. Stat. § 540-B:10. Unclaimed deposits may become the landlord's property after six months from termination, unless fraud is involved, under N.H. Rev. Stat. § 540-A:8.
What to do
A common first step is to send a written demand to the landlord requesting return of the deposit and citing the 30-day return requirement.
People often request the landlord's written, itemized list and any receipts or invoices the landlord relies on for deductions.
A common next step is to gather supporting documents, such as the lease, move-in checklist, photos, and receipts related to rent and condition.
Many tenants prepare a small-claims filing if the landlord does not comply, using the documentation and any written demand as part of the claim.
Some tenants consider contacting local tenant assistance programs or housing authorities for information about their rights and options.
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Common questions
How long does the landlord have to return my deposit?
Generally the landlord must return the deposit and any interest within 30 days after the tenancy ends, with a written, itemized list of any deductions, under N.H. Rev. Stat. § 540-A:7. For certain shared facilities with no written agreement, the return period is 20 days under N.H. Rev. Stat. § 540-B:10.
What can a landlord legally deduct from my deposit?
A landlord may deduct the cost to repair damages beyond reasonable wear and tear, unpaid rent, or other lawful charges specified in the lease, but must provide a written, itemized list indicating particularity and satisfactory evidence of repair costs, under N.H. Rev. Stat. § 540-A:7.
What happens if the landlord does not follow the return rules?
If the landlord fails to comply with the statutory requirements for returning or accounting for a deposit, the landlord may be liable for damages equal to twice the deposit plus any interest, less lawful deductions, under N.H. Rev. Stat. § 540-A:8.
Can my deposit be forfeited if I do not give a forwarding address?
A landlord is not liable for certain statutory penalties if the tenant fails to notify the landlord of a new address upon termination. Deposits unclaimed after six months from termination may become the landlord's property absent fraud, under N.H. Rev. Stat. § 540-A:8.
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This page provides general legal information about New Hampshire law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
