New Hampshire landlord-tenant law FAQ
45 answers to common New Hampshire landlord questions. Every answer is a verified fact with its official source and last-checked date.
How much can a landlord charge for a security deposit in New Hampshire?
No more than 1 month's rent or $100, whichever is greater.
Verified Source: RSA 540-A:6, I(a) · last checked 2026-10-15 · Full security deposit limit page
How long does a landlord have to return a security deposit in New Hampshire?
Within 30 days after the tenancy ends, with any interest due and a written itemized list of damages.
Verified Source: RSA 540-A:7, I · last checked 2026-10-15 · Full deposit return deadline page
How much notice does a landlord have to give before entering a rental in New Hampshire?
The landlord may not enter without the tenant's prior consent, except for emergency repairs or under a court order.
Verified Source: RSA 540-A:3, IV and V-d · last checked 2026-10-15 · Full notice to enter page
How much notice does a landlord need to give to raise the rent in New Hampshire?
For restricted property, refusing an increase is good cause for eviction only if the landlord gave at least 30 days' written notice of the amount and effective date.
Verified Source: RSA 540:2, IV · last checked 2026-10-15 · Full rent increase notice page
Can a landlord charge a late fee in New Hampshire, and how much?
Neither RSA ch. 540 nor ch. 540-A sets a cap on late fees (both chapters read in full).
Verified Source: RSA ch. 540, 540-A · last checked 2026-10-15 · Full late fees page
What notice does a landlord have to give before evicting for unpaid rent in New Hampshire?
7 days' written eviction notice for nonpayment of rent (residential), stating the right to cure by paying arrears.
Verified Source: RSA 540:3, II, IV; RSA 540:2, II(a) · last checked 2026-10-15 · Full eviction notice (nonpayment) page
How much notice is needed to end a month-to-month tenancy in New Hampshire?
Landlord: for any residential tenancy, 30 days' written eviction notice stating the specific reason (7 days for nonpayment, substantial damage, health/safety behavior and certain other grounds). Most residential ('restricted') property can be terminated only for a statutory reason.
Verified Source: RSA 540:2, 540:3 · last checked 2026-10-15 · Full ending a month-to-month tenancy page
Does a landlord have to pay interest on a security deposit in New Hampshire?
A landlord who holds a security deposit for 1 year or longer must pay the tenant interest at the savings rate of the NH bank where it is held. The tenant may request accrued interest every 3 years, and on request the landlord must disclose the bank, account and rate. Landlords renting a single-family home with no other rental property, or units in an owner-occupied building of 5 or fewer units, are exempt unless the occupant is 60 or older.
Verified Source: RSA 540-A:6, IV; 540-A:5, I · last checked 2026-10-15 · Full interest on deposits page
Is a move-in or move-out inspection checklist required in New Hampshire?
The landlord must give written notice that the tenant should provide a written list of conditions in the unit needing repair within 5 days of occupancy. Where a deposit receipt is required, the receipt must state this.
Verified Source: RSA 540-A:6, I · last checked 2026-10-15 · Full move-in/move-out checklist page
Is landlord retaliation illegal in New Hampshire?
Yes. Unless the tenant owes a week's rent or more, retaliation is a defense to eviction when the tenant reported code or RSA 540-A violations, took good-faith legal action, or met with other tenants. An eviction, rent increase or substantial change in terms within 6 months is presumed retaliatory.
Verified Source: RSA 540:13-a, 540:13-b · last checked 2026-10-15 · Full retaliation protections page
Can a landlord change the locks or shut off utilities in New Hampshire?
Banned. A landlord may not willfully interrupt utilities (water, heat, light, electricity, gas, sewer, etc.) except temporarily during repairs or emergencies, or seize or deny the tenant access to the premises except through court process.
Verified Source: RSA 540-A:3, I–II · last checked 2026-10-15 · Full lockouts and utility shutoffs page
What can a tenant do if the landlord won't make repairs in New Hampshire?
It is a defense to an eviction for nonpayment if the unit substantially violates health and safety fitness standards that materially affect habitability, the tenant was current on rent when giving notice, and the landlord failed to fix the violation within 14 days (or promptly in an emergency). The court may continue the case for up to a month and require withheld rent to be paid into court.
Verified Source: RSA 540:13-d · last checked 2026-10-15 · Full repairs and habitability remedies page
What disclosures must a landlord give tenants in New Hampshire?
Before collecting any rental application or renewal fee, the landlord must disclose in writing the amount of the fee and any requirement for a satisfactory criminal background and credit check. The landlord must return any amount above actual cost to an applicant who is not rented to.
Verified Source: RSA 540-A:3, VIII · last checked 2026-10-15 · Full required lease disclosures page
What can a landlord do with property a tenant leaves behind in New Hampshire?
After a tenant moves out (voluntarily or by eviction), the landlord must store their belongings with reasonable care for 7 days, and the tenant may reclaim them free of rent or storage fees. After that, the landlord may dispose of them without notice.
Verified Source: RSA 540-A:3, VII · last checked 2026-10-15 · Full abandoned property page
Can a tenant break a lease early for domestic violence or military service in New Hampshire?
Reservists or National Guard members called to active duty, and active-duty members reassigned out of state, may end a lease. They must give notice within 7 days of receiving orders, by written notice under the Servicemembers Civil Relief Act.
Verified Source: RSA 540:11-a · last checked 2026-10-15 · Full early termination (dv/military) page
Is there a grace period before a late fee can be charged in New Hampshire?
Neither RSA ch. 540 nor ch. 540-A sets a grace period for late fees (both chapters read in full).
Verified Source: RSA ch. 540, 540-A · last checked 2026-10-15 · Full late fee grace period page
How much can a landlord charge for a rental application fee in New Hampshire?
Before collecting an application fee, the landlord must disclose the amount in writing; if the unit isn't rented to the applicant, anything above actual check costs and reasonable administrative costs must be returned within 30 days.
Verified Source: RSA 540-A:3, VIII · last checked 2026-10-15 · Full application fees & screening page
How does the eviction court process work in New Hampshire?
The case starts with a writ of summons returnable in district court, and a tenant who wants to contest must file an appearance by the return day on the writ.
Verified Source: RSA 540:13 · last checked 2026-10-15 · Full eviction court process & timeline page
Does a landlord have to provide smoke and carbon monoxide detectors in New Hampshire?
Each rental unit must have smoke alarms (automatic fire warning devices) meeting NFPA 101 and NFPA 72 and carbon monoxide detectors meeting NFPA 720. The CO detector isn't required if the building has no fossil-fuel appliance and no attached garage. The owner of the rental unit must maintain both devices in suitable condition.
Verified Source: RSA 153:10-a · last checked 2026-10-15 · Full smoke & co detectors page
Can a landlord refuse Section 8 or other source of income in New Hampshire?
New Hampshire's fair housing section bars discrimination because of age, sex, gender identity, race, religion, color, marital status, familial status, physical or mental disability or national origin. Source of income is not on the list. Check local ordinances.
Verified Source: RSA 354-A:10 · last checked 2026-10-15 · Full source of income discrimination page
Can a tenant withhold rent for repairs in New Hampshire?
In an eviction for nonpayment, the tenant has a defense if the unit has substantial health and safety code violations that materially affect habitability, the tenant gave notice while not behind on rent, and the landlord didn't fix them within 14 days. The court can continue the case up to a month and requires the tenant to pay withheld rent into court.
Verified Source: RSA 540:13-d · last checked 2026-10-15 · Full rent withholding / escrow page
What is the deposit bank holding / separate account rule in New Hampshire?
Security deposits stay the tenant's money and must be held in trust, not mixed with the landlord's personal funds. A landlord may pool all deposits in one trust account at a New Hampshire bank, savings and loan or credit union, or post a bond with the city or town clerk instead.
Verified Source: RSA 540-A:6, II · last checked 2026-10-15 · Full deposit bank holding / separate account page
Does a landlord need just cause to evict in New Hampshire?
Yes, for "restricted property" (defined in RSA 540:1-a). The landlord may end a tenancy only for a listed reason, such as nonpayment, substantial damage, a material lease violation, behavior affecting health or safety, or other good cause. Code text: "The lessor or owner of restricted property may terminate any tenancy by giving to the tenant or occupant a notice in writing to quit the premises in accordance with RSA 540:3 and 5, but only for one of the following reasons."
Verified Source: RSA 540:2, II · last checked 2026-10-16 · Full just-cause eviction page
What is the right to cure / redeem rule in New Hampshire?
Yes, for nonpayment. The case is dismissed if, before the hearing, the tenant pays all rent owed plus other lawful lease charges, $15 in liquidated damages and the landlord's filing and service costs. A tenant can use this no more than 3 times in 12 months. Code text: "a tenant may not defeat an eviction for nonpayment of rent by use of this section more than 3 times within a 12-month period."
Verified Source: RSA 540:9, I-II · last checked 2026-10-16 · Full right to cure / redeem page
What is the eviction notices for other grounds (lease violation, no-fault) rule in New Hampshire?
For residential tenancies, a 30-day eviction notice is enough in all cases, and 7 days is enough for certain reasons listed in RSA 540:2, II. The notice must state the reason specifically. Code text: "For all residential tenancies, 30 days' notice shall be sufficient in all cases; provided, however, that 7 days' notice shall be sufficient if the reason for the termination is as set forth in RSA 540:2, II(a), (b), (d), or (h)."
Verified Source: RSA 540:3 · last checked 2026-10-16 · Full eviction notices for other grounds (lease violation, no-fault) page
What is the domestic violence early termination rule in New Hampshire?
A tenant may end the lease if the tenant or a household member was a victim of domestic violence, sexual assault or stalking within the last 150 days and gives written verification. The tenant must move out within 30 days of notice and owes rent only through the later of termination or move-out. Code text: "A tenant may terminate his or her lease or rental agreement when."
Verified Source: RSA 540:11-b · last checked 2026-10-16 · Full domestic violence early termination page
What is the manufactured / mobile home parks rule in New Hampshire?
A manufactured housing park may end a tenancy only for the reasons listed in RSA 205-A:4, with written notice of at least 30 days for nonpayment, 60 days for most other grounds, and 18 months for condemnation or a change of use of the park. Code text: "a tenancy may be terminated by a park owner or operator pursuant to this chapter only for one or more of the following reasons."
Verified Source: RSA 205-A:3, 205-A:4 · last checked 2026-10-16 · Full manufactured / mobile home parks page
What is the condo conversion protections rule in New Hampshire?
An owner converting rental units to condominiums or co-ops must first send each tenant a notice of intent to convert by registered mail. After that notice, the tenant can be evicted only on the grounds the statute lists, such as nonpayment or a material lease violation. Code text: "the tenant shall not be evicted from his dwelling unit except upon the following grounds."
Verified Source: RSA 356-C:3, 356-C:6 · last checked 2026-10-16 · Full condo conversion protections page
What is the scra / military lease termination rule in New Hampshire?
Reservists or National Guard members called to active duty, and active-duty members reassigned out of state, may end a lease, giving written notice within 7 days of receiving their orders. Code text: "A lessee may terminate his or her lease, or a tenant may terminate a rental agreement when the lessee or tenant is."
Verified Source: RSA 540:11-a · last checked 2026-10-16 · Full scra / military lease termination page
What is the military lease termination (federal scra, all states) rule in New Hampshire?
Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after."
Verified Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) · last checked 2026-10-16 · Full military lease termination (federal scra, all states) page
What is the rent receipts, payment methods & cash rule in New Hampshire?
Landlords may not require rent to be paid only by electronic transfer and must allow at least one non-electronic payment method. Statute text: "A landlord shall not require a tenant or prospective tenant to pay any amount due under a residential lease, renewal, or extension agreement solely via electronic funds transfer, including, but not limited to, any automatic, recurring electronic funds transfers" (N.H. RSA 540-A:3, X).
Verified Source: N.H. RSA 540-A:3, X · last checked 2026-10-16 · Full rent receipts, payment methods & cash page
Does a landlord have to give notice before not renewing a lease in New Hampshire?
For restricted (most residential) property, lease expiration is a ground for eviction only for leases of 12 months or more (including renewals) and only if the landlord gave at least 60 days' written notice of nonrenewal. Statute text: "The landlord has provided the tenant with written notice at least 60 days in advance of the termination date of the lease term that the lease will not be renewed and that the tenant must vacate the rental property at the end of the lease term" (N.H. RSA 540:2, II(i)(1)).
Verified Source: N.H. RSA 540:2, II(i)(1) · last checked 2026-10-16 · Full lease renewal / non-renewal notice page
What is the pet deposits/fees & service/esa animals rule in New Hampshire?
The state landlord-tenant statute (N.H. RSA chs. 540, 540-A, 540-B and 540-C, read in full on 2026-10-16) has no provision on pet deposits, pet fees or pet rules. Local ordinances or other state or federal laws may still apply.
Verified Source: N.H. RSA chs. 540, 540-A, 540-B and 540-C · last checked 2026-10-16 · Full pet deposits/fees & service/esa animals page
What happens if a tenant stays after the lease ends in New Hampshire?
The state landlord-tenant statute (N.H. RSA chs. 540, 540-A, 540-B and 540-C, read in full on 2026-10-16) has no provision on holdover tenants (rent or damages after the lease ends). Local ordinances or other state or federal laws may still apply.
Verified Source: N.H. RSA chs. 540, 540-A, 540-B and 540-C · last checked 2026-10-16 · Full holdover tenants page
What is the tenant buyout disclosures rule in New Hampshire?
The state landlord-tenant statute (N.H. RSA chs. 540, 540-A, 540-B and 540-C, read in full on 2026-10-16) has no provision on tenant buyout agreements or buyout disclosures. Local ordinances or other state or federal laws may still apply.
Verified Source: N.H. RSA chs. 540, 540-A, 540-B and 540-C · last checked 2026-10-16 · Full tenant buyout disclosures page
What is the guest & occupancy limits rule in New Hampshire?
The state landlord-tenant statute (N.H. RSA chs. 540, 540-A, 540-B and 540-C, read in full on 2026-10-16) has no provision on guest stays or occupancy limits. Local ordinances or other state or federal laws may still apply.
Verified Source: N.H. RSA chs. 540, 540-A, 540-B and 540-C · last checked 2026-10-16 · Full guest & occupancy limits page
What is the rental / transient occupancy tax rule in New Hampshire?
New Hampshire's meals and rooms tax is 8.5% of the rent for each occupancy of a hotel room or other short-stay rental. Statute text: "A tax of 8.5 percent of the rent is imposed upon each occupancy" (N.H. RSA 78-A:6, I).
Verified Source: N.H. RSA 78-A:6, I · last checked 2026-10-16 · Full rental / transient occupancy tax page
What is the property manager licensing rule in New Hampshire?
Renting or leasing real estate for another for compensation is brokerage under New Hampshire's Real Estate Practice Act (RSA 331-A:2, III), which requires a license. Statute text: "It shall be unlawful for any person, directly or indirectly, to act as a real estate broker or real estate salesperson without a license and otherwise complying with the provisions of this chapter" (N.H. RSA 331-A:2, III; 331-A:3).
Verified Source: N.H. RSA 331-A:2, III; 331-A:3 · last checked 2026-10-16 · Full property manager licensing page
What rights does a tenant have after foreclosure in New Hampshire?
A buyer at a foreclosure sale can recover possession from a tenant or other occupant only after giving the written notice to quit required by RSA 540 (a possessory action under RSA 540). Statute text: "The owner, lessor, or purchaser at a mortgage foreclosure sale of any tenement or real estate may recover possession thereof from a lessee, occupant, mortgagor, or other person in possession, holding it without right, after notice in writing to quit the same as herein prescribed" (N.H. RSA 540:12).
Verified Source: N.H. RSA 540:12 · last checked 2026-10-16 · Full foreclosure tenant protections page
Can a landlord deny a tenant for criminal or credit history in New Hampshire?
Before collecting an application fee, landlords must disclose in writing the fee and any requirement for a satisfactory criminal background and credit check; unused fee amounts must be returned within 30 days if the applicant is not housed. Statute text: "VIII. Prior to collecting any fee as part of the rental application or renewal process, the landlord shall clearly disclose, in writing to prospective tenants, the amount of the fee and the requirement for a satisfactory criminal background and credit check, if any." (RSA 540-A:3, VIII).
Verified Source: RSA 540-A:3, VIII · last checked 2026-10-16 · Full criminal & credit history rules page
Does New Hampshire have rent control?
New Hampshire's landlord-tenant law (RSA ch. 540, 540-A and 540-B, read in full on 2026-10-16) has no rent control or rent stabilization; a tenant's refusal of a properly noticed rent increase is good cause for eviction (RSA 540:2, IV).
Verified Source: RSA ch. 540, 540-A and 540-B · last checked 2026-10-16 · Full rent control / stabilization page
Can a tenant sublet an apartment in New Hampshire?
New Hampshire's landlord-tenant law (RSA ch. 540, 540-A and 540-B, read in full on 2026-10-16) has no subletting or assignment rule; the lease terms control.
Verified Source: RSA ch. 540, 540-A and 540-B · last checked 2026-10-16 · Full subletting & assignment page
Can a tenant fix something and deduct it from rent in New Hampshire?
New Hampshire's landlord-tenant law (RSA ch. 540, 540-A and 540-B, read in full on 2026-10-16) has no repair-and-deduct remedy; tenants can instead raise fitness violations as a defense to a nonpayment eviction (RSA 540:13-d).
Verified Source: RSA ch. 540, 540-A and 540-B · last checked 2026-10-16 · Full repair and deduct page
What happens to the lease when a tenant dies in New Hampshire?
New Hampshire's landlord-tenant law (RSA ch. 540, 540-A and 540-B, read in full on 2026-10-16) has no rule on ending a lease when a tenant dies; the lease terms and probate law control.
Verified Source: RSA ch. 540, 540-A and 540-B · last checked 2026-10-16 · Full death of a tenant page
What is the eviction record sealing rule in New Hampshire?
New Hampshire's landlord-tenant law (RSA ch. 540, 540-A and 540-B, read in full on 2026-10-16) has no eviction record sealing provision.
Verified Source: RSA ch. 540, 540-A and 540-B · last checked 2026-10-16 · Full eviction record sealing page
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