New Hampshire security deposit law: what tenants and landlords need to know

New Hampshire's RSA 540-A pairs a strict cap with receipt and condition-notice rules at the front end — and a doubling remedy at the back. (Note: certain small owner-occupied and single-rental situations are exempt; most standard rentals are covered.)

How much can a landlord charge?

The greater of one month's rent or $100. At collection, the landlord owes a written receipt stating where the deposit is held (unless paid by check, which is its own receipt) — and must notify the tenant of the right to report existing conditions: the tenant has five days to provide a written list of any pre-existing damage or conditions. That list is the statutory baseline.

Interest and holding

Deposits held a year or longer earn interest, payable at return (the tenant can request payout every three years). The money must be held safely apart from the landlord's own.

The 30-day return

Within 30 days of tenancy ending, the landlord returns the deposit with interest, minus lawful deductions — each itemized in writing with supporting detail, limited to unpaid rent and damage beyond reasonable wear and tear (with shared-facility arrangements on modified timelines).

The penalty

A landlord who violates the return requirements is liable for double the amount due. New Hampshire's district courts process these efficiently; the five-day condition list from move-in is frequently the deciding document.

Why New Hampshire deposit disputes are documentation disputes

The statute asks the tenant for day-one documentation — a five-day window to record what was already wrong — because the legislature knows that list decides the wear-and-tear fight a year later. A written list backed by sealed images is a different weapon than a list alone.

SealMove seals it. Every photo and video is cryptographically locked the instant it's captured, independently timestamped, and archived tamper-evident with Face ID. File your five-day list with sealed evidence behind it; at move-out the walkthrough lines up room-by-room against that baseline — and either party can send the other a report to review and acknowledge, no app required.

This page is general legal information, not legal advice. Statutes change; verify current law or consult a New Hampshire attorney for your situation. Last reviewed: August 2026.

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QuestionNew Hampshire's answer
Maximum depositGreater of 1 month's rent or $100
ReceiptRequired, stating where the deposit is held
Condition listTenant has 5 days to report pre-existing conditions in writing
InterestRequired on deposits held ≥ 1 year
Return deadline30 days, itemized
Wear and tearNot deductible
PenaltyDouble the amount due
StatuteN.H. RSA 540-A:5 to 540-A:8

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