DisputeKit / New Hampshire
How long does a New Hampshire landlord have to return a security deposit?
30 days. Under New Hampshire RSA 540-A:7, a landlord must return the security deposit with any interest due, together with a written, itemized list of any damages, unpaid rent or other charges deducted within 30 days. The clock starts when you move out and hand back possession of the unit. Your landlord is not liable if the deposit was not returned because you gave no new address when the tenancy ended. A court may also award damages equal to twice the sum of the security deposit plus any interest due, less any payments made and any charges owing for damages, unpaid rent or share of real estate taxes, if the landlord does not comply with the return and itemization rules.
I moved out of my place in on and my landlord still has my $ deposit.
Fill in the blanks to see your deadline. Free, no account.
Conditions that change the deadline
- These rules do not apply to a person who rents out a single-family home and owns no other rental property, or who rents units in an owner-occupied building of 5 units or fewer, except for units occupied by someone aged 60 or older.
- The landlord is not liable if the failure to return the deposit is due to the tenant not giving the landlord a new address when the tenancy ended, so give the landlord your new address in writing.
What New Hampshire law says about deductions and your rights
- Deductions are allowed for damage beyond reasonable wear and tear, unpaid rent, a lease-required share of real estate tax increases, and other unpaid lawful charges under the lease.
- For repair deductions, the itemized list must describe the repairs with particularity and include satisfactory evidence, such as receipts or estimates, that the repairs have been or will be done.
- A security deposit may not exceed one month's rent or $100, whichever is greater.
- A landlord holding a deposit for one year or longer must pay interest on it.
- Deposits left unclaimed 6 months after the tenancy ends become the landlord's property.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in New Hampshire is $10,000 (Circuit Court, District Division; claims over $5,000 go to mandatory mediation), and the filing fee is Roughly $105 to $160 depending on the amount claimed; check the court's current fee schedule. Filing is electronic through TurboCourt for self-represented people.
Steps
- Find your move-out date and deposit amount
- Give your landlord your forwarding address in writing (your demand letter can do this)
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit. Your landlord is not liable if the deposit was not returned because you gave no new address when the tenancy ended
- Count 30 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in New Hampshire?
The clock starts when you move out and hand back possession of the unit. Your landlord is not liable if the deposit was not returned because you gave no new address when the tenancy ended.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. New Hampshire law allows a court to award damages equal to twice the sum of the security deposit plus any interest due, less any payments made and any charges owing for damages, unpaid rent or share of real estate taxes, if the landlord does not comply with the return and itemization rules. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in New Hampshire is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.