New Hampshire Security Deposit Law: Return Deadline, Limits, and How to Get It Back

In New Hampshire, a landlord generally cannot collect a security deposit larger than one month's rent or $100, whichever is greater, and after you move out the landlord has 30 days to return the deposit (or what's left of it) along with an itemized list of any deductions. These rules come from New Hampshire's security deposit statute, found in the RSA 540-A chapter. If a landlord wrongfully keeps your money, you can sue for up to double the amount wrongfully withheld, plus costs. Because the exact section numbers and figures can change, confirm the current language of RSA 540-A before you rely on it.

How much can a New Hampshire landlord charge?

New Hampshire is one of the states that caps the deposit. A landlord may not require a security deposit greater than $100 or the equivalent of one month's rent, whichever is larger. When you pay it, the landlord must give you a signed receipt that states the amount of the deposit and identifies the bank or institution where it is held.

• The deposit must be held separately from the landlord's own funds, in a dedicated account or with a bonding/insurance arrangement allowed by statute.
• The deposit money stays yours; the landlord is essentially holding it in trust.
• Note that the security deposit provisions have a narrow exemption (for example, certain landlords renting a single-family home who own no other rental property). Confirm whether your situation falls under any exemption.

The 30-day return deadline and itemized statement

Once your tenancy ends and you give up the unit, the landlord must return your deposit within 30 days. If the landlord keeps any portion, that refund must come with an itemized statement describing each deduction and its cost, supported where required by documents such as repair receipts or estimates. A bare claim of "damages" without an itemization does not satisfy the law.

• Give your landlord a forwarding address in writing so the check and statement can reach you.
• Keep a copy of your move-out condition (dated photos or video help) in case there is a dispute later.
• If you and the landlord agreed in writing to a shared inspection, that record can matter.

What can and cannot be deducted

A landlord may deduct for unpaid rent and for the cost of repairing damage you (or your guests) caused beyond ordinary use. A landlord may not deduct for normal wear and tear — the gradual, expected aging of the unit from living in it.

• Usually deductible: unpaid rent, holes in walls, broken fixtures, pet damage, removal of trash or belongings you left behind, cleaning beyond reasonable use.
• Usually NOT deductible (normal wear and tear): faded paint, minor scuffs, lightly worn carpet, small nail holes from hanging pictures, and other ordinary aging.
• Routine cleaning that simply returns the unit to rentable condition after ordinary use generally cannot be charged against you.

Interest on your deposit

New Hampshire requires interest on deposits in some situations. If a landlord holds a deposit of $100 or more for one year or longer, the tenant is generally entitled to interest at the rate paid by the institution holding the funds (or a comparable rate). Tenants can typically request the accrued interest each year, and the interest is paid out with the deposit at the end of the tenancy. Smaller deposits or shorter tenancies may not trigger an interest payment, so check the current statute and ask your landlord where the funds are held.

Penalty for wrongful withholding and how to sue

If your landlord fails to return the deposit on time, fails to provide the required itemized statement, or keeps money in bad faith, you can pursue up to double the amount wrongfully withheld, along with court costs. Before filing, send a clear written demand to the landlord stating the amount owed and a reasonable deadline — many disputes settle once the landlord realizes the double-damages exposure.

• Small claims cases in New Hampshire are heard in the Circuit Court — District Division, which handles small claims actions up to the state limit (commonly $10,000; confirm the current cap).
• You can usually file where the property is located or where the landlord lives or does business.
• Bring your lease, the deposit receipt, your written forwarding address, the demand letter, and your move-in/move-out photos.
• New Hampshire also has a separate statute on prohibited landlord practices and unlawful evictions (the RSA 540-A framework), which can carry additional remedies in serious cases.

This article is general legal information, not legal advice. Landlord-tenant law changes, exact statute sections and dollar limits get updated, and some cities may have their own rules. If a meaningful amount is at stake or the facts are messy, it is worth confirming the current New Hampshire rules or talking with a New Hampshire tenant-landlord attorney or a local legal aid office.