
New Hampshire (NH) law guide
Quick answer
New Hampshire caps security deposits at 1 month's rent or $100 (whichever is greater) and requires landlords to return them within 30 days. The state has no rent control, and landlords must give 30 days' written notice before raising rent on month-to-month tenants. For nonpayment of rent, the eviction notice period is 7 days.
Security Deposit Limit
1 month's rent or $100, whichever is greater
Deposit Return Deadline
30 days after tenancy ends or forwarding address received
Statewide Rent Control
None, banned statewide; no local ordinances permitted
Nonpayment Eviction Notice
7 days
New Hampshire rental market snapshot
Population
1.4 million (2024 est.)
Renter households
~27% of households statewide; ~51% in Manchester
Median rent
~$1,825/mo for a 2BR (2024)
Largest rental markets
Manchester, Nashua, Concord, Dover, Portsmouth
New Hampshire has one of the tightest rental markets in New England, with a housing shortage of an estimated 23,500 units and over half of renters classified as cost-burdened in 2023.
New Hampshire landlords may collect up to 1 month's rent or $100, whichever is greater (RSA 540-A:6). Landlords must keep deposits in a separate account at a New Hampshire bank and notify tenants in writing of the institution within 30 days of receiving the funds.
Landlords must return the deposit plus an itemized statement of deductions within 30 days after the tenancy ends or after receiving the tenant's forwarding address, whichever is later. A landlord who willfully withholds a deposit without cause owes the tenant double the wrongfully withheld amount.
New Hampshire has no rent control and state law bans cities and towns from enacting their own rent control ordinances. Landlords may raise rent by any amount, but must give 30 days' written notice before increasing rent for month-to-month tenants. Rent cannot be raised mid-lease unless the lease explicitly allows it.
There is no statutory grace period for late rent in New Hampshire. Late fees are also unregulated by state law, though a charge around 5% of monthly rent is a common practice. Landlords and tenants are free to set late fee terms in the lease.
For nonpayment of rent, landlords must serve a 7-day eviction notice (RSA 540:3). Tenants may stop the eviction by paying all back rent and any fees before the court hearing. For lease violations, the notice period is also typically 7 days for specified grounds; for other terminations such as no-fault or end-of-tenancy, landlords must give 30 days' notice.
After the notice period expires without cure or vacating, the landlord files a landlord-tenant writ with the Circuit Court District Division. A hearing is typically scheduled within a month of filing. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal.
Landlords may not enter without prior tenant consent except for emergencies (RSA 540-A:3). For non-emergency repairs, inspections, or showings, landlords must give notice that is adequate under the circumstances and enter at a reasonable time. New Hampshire does not specify a fixed hour minimum in the statute, but practice and courts treat 24 hours as the standard reasonable notice.
For habitability issues, tenants should give written notice and allow 14 days for the landlord to correct the problem before withholding rent. Emergency pest infestations (rodents, bed bugs) allow landlord entry within 72 hours of receiving notice, with 48 hours' written notice required before entering adjacent units.
Landlords must provide and maintain a safe, habitable dwelling that meets state health, building, and housing codes (RSA 48-A). If the landlord fails to correct a habitability violation within 14 days of written notice (or sooner for emergencies), tenants may withhold rent. Tenants should document all complaints in writing and keep copies.
Landlords are prohibited from retaliating against tenants who complain about habitability, report violations to authorities, or exercise any legal right (RSA 540:13-a). Retaliatory evictions or rent increases within a protected period are presumed retaliatory and can be challenged in court.
New Hampshire prohibits discrimination based on race, color, religion, sex, national origin, familial status, disability (federal law) plus age, marital status, sexual orientation, gender identity, and source of lawful income including housing vouchers (RSA 354-A). Landlords may not refuse to rent, set different terms, or advertise preferences based on any protected class.
Tenants who break a lease early may owe rent through the end of the lease term, but landlords have a duty to mitigate by making reasonable efforts to re-rent the unit. Early termination is allowed without penalty for active-duty military (under the Servicemembers Civil Relief Act), documented domestic violence situations, or uninhabitable conditions caused by the landlord. Small claims court handles disputes up to $10,000 (RSA 503:1).
This guide is general information, not legal advice. Governing statute: RSA Title LV, Chapters 540, 540-A, 540-B. Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-05.
New Hampshire FAQ
New Hampshire landlords can charge up to **1 month's rent or $100**, whichever is greater. Most leases set the deposit at exactly one month's rent.
Landlords must return the deposit within **30 days** after the tenancy ends or after receiving the tenant's forwarding address, whichever happens later. If the landlord wrongfully withholds any amount, the tenant can sue for double that amount.
Yes. New Hampshire has **no rent control**, and state law bars cities from creating their own limits. For month-to-month tenants, landlords must give **30 days' written notice** before a rent increase takes effect.
New Hampshire law requires notice that is **adequate under the circumstances** for non-emergency entry (RSA 540-A:3). Courts and practitioners treat **24 hours** as the standard. Landlords may enter immediately only for genuine emergencies such as a burst pipe or fire.
Landlords must serve a **7-day written eviction notice** for nonpayment of rent. Tenants can stop the eviction by paying the full amount owed (including any fees) before the court hearing, which typically occurs within about a month of the notice being served.
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