New Hampshire Landlord-Tenant Laws: Key Rental Rules (2026)
Security deposits, notice periods, landlord entry, and other key rental rules in New Hampshire, each linked to the state law it comes from.
By the ListMyHomes.com™ Editorial TeamPublished Last reviewed
This page summarizes the main landlord-tenant rules in New Hampshire. Each rule in the table below links to the law it comes from.
Key rules at a glance
| Rule | New Hampshire |
|---|---|
| Where these laws apply | RSA Chapters 540 and 540-A set no county or population limit on where they apply. Chapter 540 does not cover listed occupancies, including rooming- or boarding-house rooms rented to transient guests for fewer than 90 consecutive days, hotel and motel rooms and dwellings rented for recreational or vacation use, student dormitories, nursing homes, hospitals and other licensed facilities, and a single-family home that is the owner's primary residence where the occupant has no lease. Residential rentals are "restricted property", where a landlord may end a tenancy only for reasons the law lists, except "nonrestricted property": a single-family house whose owner owns no more than 3 single-family houses, a unit in an owner-occupied building of 4 or fewer units, or a single-family house a bank or other mortgagee acquired by foreclosure. The security-deposit rules do not cover a person who rents out a single-family residence and owns no other rental property, or units in an owner-occupied building of 5 units or less, except a unit occupied by someone 60 or older; they do not cover vacation or recreational rentals. N.H. RSA 540:1-a, 540:2, II, 540-A:5, I |
| Security deposit limit | One month's rent or $100, whichever is greater. With a written lease requiring rent quarterly or less often, the deposit received in addition to the first rent payment still may not exceed one month's rent. A security deposit is any money beyond the monthly rent that the tenant transfers to the landlord for any purpose. N.H. RSA 540-A:6, I(a); 540-A:5, II |
| Where deposits are held | The deposit remains the tenant's money, held in trust, and may not be mixed with the landlord's personal money. All deposits may be kept together in one trust account at a bank, savings and loan association or credit union organized under New Hampshire law. A bond from a New Hampshire company, posted with the city or town clerk for the total deposits held on property there, exempts the landlord from these two rules. When the property is sold or the lease assigned, or a receiver or foreclosure buyer takes over, the deposit must be turned over at the transfer or within 5 days after it, and the tenant told by registered or certified mail who holds it. N.H. RSA 540-A:6, II, III |
| Returning the deposit | |
| Deposit deductions | The landlord may deduct repair costs for damage beyond reasonable wear and tear, unpaid rent, other unpaid lawful lease charges, and a share of real-estate tax increases the lease makes the tenant pay. The landlord must give a written, itemized list of the damages claimed, describing each needed repair, with satisfactory evidence that it has been or will be done (such as receipts, estimates, bills or invoices), and of any claim for rent, taxes or charges, stating the period claimed. N.H. RSA 540-A:7, I, II |
| Interest on deposits | Required when the landlord holds the deposit for one year or longer: interest at the regular savings-account rate of the New Hampshire bank, savings and loan association or credit union where it is deposited, from the date the landlord received it; with deposits pooled in one account, the actual interest earned, shared proportionately. The tenant may ask for the accrued interest every 3 years, 30 days before that year's tenancy ends, and the landlord must pay within 15 days after it ends. N.H. RSA 540-A:6, IV(a), (c) |
| Landlord entry notice | Without the tenant's consent, the landlord may enter only to make emergency repairs (including dealing with a rodent or insect infestation within 72 hours of first notice of it) or under a court order. No set number of hours or days for other entry: the tenant may not willfully refuse access for necessary repairs or other reasonable and lawful functions of owning rental property at a reasonable time after notice adequate under the circumstances. To check for bed bugs when an adjacent unit or one directly above or below has them, 48 hours' written notice. N.H. RSA 540-A:3, IV, IV-a, V, V-b, V-d |
| Notice to end a month-to-month lease | Every tenancy is at will unless a different contract is shown. The landlord ends a residential tenancy with a written eviction notice of 30 days (7 days for nonpayment of rent, substantial damage, behavior that adversely affects the health or safety of other tenants or the landlord, or a remaining cotenant accused of the domestic violence, sexual assault or stalking that led to a lease termination), stating the reason specifically. For restricted property, only for a reason the law lists, which includes other good cause such as a legitimate business or economic reason, and the end of a lease whose term, with any renewals, is 12 months or longer, after at least 60 days' written notice of non-renewal, with the possessory action filed within 6 months. A month-to-month tenant at will may end it with 30 days' notice; if the end date is not a rent due date, rent runs to the next rent due date unless the lease says otherwise. N.H. RSA 540:1, 540:2, I, II, V, 540:3, II, III, 540:11, II |
| Rent-increase notice | A tenant's refusal of a rent increase is good cause for eviction only if the landlord gave written notice of the amount and effective date at least 30 days before the increase takes effect. No other rent-increase notice rule in RSA Chapters 540 and 540-A. A rent increase within 6 months after a tenant's protected complaint, report, legal action or tenant organizing becomes known to the landlord, or after the landlord repairs the reported violation, is presumed retaliatory (the presumption can be rebutted), unless the court finds the tenant's act was mainly meant to prevent an eviction. N.H. RSA 540:2, IV, 540:13-b |
| Late fees | No limit or grace period in RSA Chapters 540 and 540-A. N.H. RSA Chapters 540 and 540-A (no provision) |
| Notice for unpaid rent | After a demand for the rent, which may be made any time after it is due and before or with the notice, a written eviction notice of 7 days. The notice must tell the tenant of any right to avoid eviction by paying the arrears and liquidated damages. An eviction for nonpayment alone is dismissed if, before the hearing, the tenant pays all rent due, other lawful lease charges, $15 liquidated damages and the landlord's filing and service costs (and the landlord files the receipt, or the tenant proves payment); this can be used no more than 3 times in 12 months. N.H. RSA 540:2, II(a), 540:3, II, IV, 540:4, 540:9 |
| Rent control | No limit on the amount of rent in RSA Chapters 540 and 540-A. N.H. RSA Chapters 540 and 540-A (no provision) |
| Required landlord disclosures | On receiving a deposit: a signed receipt stating the amount and where it is held, and notice that conditions needing repair should be noted on it or given to the landlord in writing within 5 days of occupancy; no receipt is needed for a deposit paid by personal check, bank check or a government or nonprofit agency's check, but the written 5-day notice is still required. On request: the institution holding the deposit, the account number, the amount and the interest rate, and access to the tenant's deposit records. Before collecting a rental application or renewal fee: in writing, the fee amount and any requirement of a satisfactory criminal background and credit check. N.H. RSA 540-A:6, I(b), (c), IV(b), 540-A:3, VIII Federal law: For housing built before 1978 (with limited exceptions): before the tenant is bound by the lease, the landlord must give the EPA lead-hazard pamphlet and disclose any known lead-based paint or hazards and any available reports. 42 U.S.C. § 4852d; 40 CFR 745.107 |
| Fair housing protected classes | Age, sex, gender identity, race, religion, color, marital status, familial status, physical or mental disability and national origin, in sales and rentals. New Hampshire's declaration of the civil right to housing without discrimination also names creed and bars denying that right because of sexual orientation, and sale or rental advertising may not indicate a preference based on sexual orientation. Age, gender identity, marital status, creed and sexual orientation are in New Hampshire's law but not the federal list. N.H. RSA 354-A:10, 354-A:8; 42 U.S.C. § 3604 |
What this means for renters
Before you sign, compare the lease's deposit amount, rent due date, and late-fee terms with the rules above. At move-in, record the unit's condition with dated photos. When you move out, give the written notice your lease and the rules above call for, leave a forwarding address, and keep copies of everything you send and receive.
What this means for landlords who manage their own rental
List the unit with its rent, deposit, and lease terms. Screen every applicant by the same written criteria, within fair-housing law. Collect the deposit and give notices following the rules above, and keep records of the unit's condition at move-in and move-out.
List your rental on ListMyHomes.com for one flat fee, or browse rentals in New Hampshire listed directly by owners.
Frequently asked questions
How much can a landlord charge for a security deposit in New Hampshire?
One month's rent or $100, whichever is greater. With a written lease requiring rent quarterly or less often, the deposit received in addition to the first rent payment still may not exceed one month's rent. A security deposit is any money beyond the monthly rent that the tenant transfers to the landlord for any purpose. See the source in the table above.
How long does a New Hampshire landlord have to return a security deposit?
Within 30 days after the tenancy ends, with any interest due. See the source in the table above.
How much notice must a New Hampshire landlord give before entering?
Without the tenant's consent, the landlord may enter only to make emergency repairs (including dealing with a rodent or insect infestation within 72 hours of first notice of it) or under a court order. No set number of hours or days for other entry: the tenant may not willfully refuse access for necessary repairs or other reasonable and lawful functions of owning rental property at a reasonable time after notice adequate under the circumstances. To check for bed bugs when an adjacent unit or one directly above or below has them, 48 hours' written notice. See the source in the table above.
How much notice ends a month-to-month lease in New Hampshire?
Every tenancy is at will unless a different contract is shown. The landlord ends a residential tenancy with a written eviction notice of 30 days (7 days for nonpayment of rent, substantial damage, behavior that adversely affects the health or safety of other tenants or the landlord, or a remaining cotenant accused of the domestic violence, sexual assault or stalking that led to a lease termination), stating the reason specifically. For restricted property, only for a reason the law lists, which includes other good cause such as a legitimate business or economic reason, and the end of a lease whose term, with any renewals, is 12 months or longer, after at least 60 days' written notice of non-renewal, with the possessory action filed within 6 months. A month-to-month tenant at will may end it with 30 days' notice; if the end date is not a rent due date, rent runs to the next rent due date unless the lease says otherwise. See the source in the table above.
How much notice is required for a rent increase in New Hampshire?
A tenant's refusal of a rent increase is good cause for eviction only if the landlord gave written notice of the amount and effective date at least 30 days before the increase takes effect. No other rent-increase notice rule in RSA Chapters 540 and 540-A. A rent increase within 6 months after a tenant's protected complaint, report, legal action or tenant organizing becomes known to the landlord, or after the landlord repairs the reported violation, is presumed retaliatory (the presumption can be rebutted), unless the court finds the tenant's act was mainly meant to prevent an eviction. See the source in the table above.
How much can a New Hampshire landlord charge for late rent?
No limit or grace period in RSA Chapters 540 and 540-A. See the source in the table above.
How much notice must a New Hampshire landlord give when rent is unpaid?
After a demand for the rent, which may be made any time after it is due and before or with the notice, a written eviction notice of 7 days. The notice must tell the tenant of any right to avoid eviction by paying the arrears and liquidated damages. An eviction for nonpayment alone is dismissed if, before the hearing, the tenant pays all rent due, other lawful lease charges, $15 liquidated damages and the landlord's filing and service costs (and the landlord files the receipt, or the tenant proves payment); this can be used no more than 3 times in 12 months. See the source in the table above.
Does New Hampshire have rent control?
No limit on the amount of rent in RSA Chapters 540 and 540-A. See the source in the table above.
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