New Hampshire (NH) law guide
New Hampshire landlord-tenant law is governed primarily by **RSA Chapter 540** and **RSA Chapter 540-A**, which together set out eviction procedures, prohibited landlord practices, and the full framework for security deposit handling. The state strikes a moderate balance: landlords face a firm one-month cap on deposits and a 30-day return window, while the 7-day pay-or-quit notice for nonpayment is shorter than many neighboring states. With roughly 27 percent of households renting and median two-bedroom rents topping $1,800 statewide, understanding these rules matters for investors and tenants alike across Manchester, Nashua, Portsmouth, and the Seacoast.
Security deposit limit
1 month's rent (or $100, whichever is greater)
Deposit return deadline
30 days after tenancy ends
Statewide rent control
None
Nonpayment eviction notice
7-day pay-or-quit notice
New Hampshire rental market snapshot
Population
~1.4 million (2024 estimate)
Renter households
~27% of households rent
Median rent
~$1,800 (2BR)
Largest rental markets
Manchester, Nashua, Concord, Portsmouth, Dover
New Hampshire's tight rental vacancy and rising rents, especially in Portsmouth (2BR averaging $2,400+) and Manchester (2BR near $1,700), mean the one-month security deposit cap gives tenants a meaningful financial buffer compared to markets in Massachusetts where caps are not mandated at all.
Under RSA 540-A:6, a New Hampshire landlord may not collect a security deposit exceeding one month's rent or $100, whichever is greater. That ceiling applies whether the tenancy runs month-to-month or under a fixed-term lease. An important carve-out covers small landlords: if the landlord shares the rental unit with the tenant, no cap applies. Similarly, landlords who rent a single-family home and own no other rental property, or who operate an owner-occupied building of five or fewer units, are generally exempt from Chapter 540-A requirements except when a tenant in the building is 60 years of age or older.
Once a tenancy ends, the landlord has 30 days to return the deposit along with any accrued interest under RSA 540-A:7. For deposits held one year or longer, interest must be paid at the rate applied to regular savings accounts at the institution where the funds are held, and tenants may request that interest every three years. When any portion is withheld, the landlord must provide a written, itemized list specifying the damage and evidence that repair work was actually completed. Allowable deductions cover damages beyond normal wear and tear, unpaid rent, the tenant's proportionate share of real estate taxes if the lease so requires, and other charges spelled out in the rental agreement.
Landlords who fail to comply face stiff consequences under RSA 540-A:8: a court may award the tenant twice the deposit amount plus accrued interest. Deposits that remain unclaimed by the tenant for six months become the landlord's property by statute. At move-in, the landlord must give the tenant a signed receipt noting where the deposit is held, and the funds must be kept in a separate trust account or secured by a bond posted with the city or town clerk.
New Hampshire has no statewide rent control or rent stabilization law. There is no statutory ceiling on the dollar amount a landlord may charge or on how large a rent increase may be. Landlords operating under a fixed-term lease may not raise the rent mid-lease unless the lease contains an explicit escalator clause, but once the term expires, they may set any new figure they choose.
For month-to-month tenants, the practical protection is procedural rather than substantive. According to 603 Legal Aid and confirmed by New Hampshire law, a landlord must give at least 30 days' written notice before a rent increase takes effect. If that written notice is not provided, the tenant cannot be required to pay the higher amount and cannot be evicted for refusing to do so. Manufactured housing residents receive stronger procedural protection with a 60-day notice requirement before a rent increase.
Because no local municipality in New Hampshire has enacted binding rent control ordinances (two small college towns, Lebanon and Hanover, have discussed the topic but imposed no enforceable caps), landlords statewide can respond freely to market conditions. This dynamic contributes to the rental cost pressures documented in the New Hampshire Housing Finance Authority's 2024 Residential Rental Cost Survey, which showed median two-bedroom gross rents rising roughly 3.9 percent year over year.
Evictions in New Hampshire are governed by RSA Chapter 540. For nonpayment of rent, a landlord must serve the tenant a written demand for rent and simultaneously or subsequently serve an eviction notice. Under RSA 540:3, 7 days' notice is sufficient when the ground for eviction is nonpayment as specified in RSA 540:2, II(a). The notice must state the reason with specificity and inform the tenant of the right to cure by paying all arrearages and any applicable liquidated damages under RSA 540:9. For most other residential grounds, including substantial property damage, lease violations, or health and safety violations, the required notice period is 30 days.
After the notice period expires without cure, the landlord files a Landlord and Tenant Writ in the Circuit Court, District Division. The court schedules a hearing, typically within a few weeks, where both sides may present evidence. If the court enters a judgment for possession, the tenant generally receives a short period, often 7 days, to vacate before a writ of possession is issued allowing a sheriff or constable to remove the tenant and their belongings.
Self-help eviction is flatly prohibited under RSA 540-A:2 and RSA 540-A:3. A landlord may not change the locks, remove doors or windows, shut off utilities, or physically remove a tenant's possessions in order to force a move-out outside the court process. Any such action exposes the landlord to civil liability including damages, court-ordered reinstatement of the tenancy, and potential consumer protection penalties. New Hampshire courts have consistently applied this prohibition even when a purchaser at a foreclosure sale attempts to use self-help to remove a prior tenant.
New Hampshire recognizes an implied warranty of habitability: landlords must maintain rental units in compliance with applicable building codes and in a condition that is safe, clean, and livable. Essential services including heat, hot water, and functioning plumbing must be provided and kept in working order. RSA 540-A:2 prohibits landlords from willfully violating a tenant's right to quiet enjoyment of the tenancy or from attempting to circumvent the lawful eviction process. When a landlord fails to maintain essential services after written notice, tenants may pursue remedies including rent escrow through the district court.
Landlord entry is regulated under RSA 540-A:3. Landlords generally must provide at least 24 hours' advance notice before entering the premises and may only do so during reasonable hours. Entry without notice is permitted only in genuine emergencies. A narrower exception applies for bed bug inspections, which require 48 hours' written notice. Tenants, in turn, may not unreasonably withhold consent to entry for legitimate repair and maintenance purposes, and the statute makes it a prohibited act for either party to interfere with the other's reasonable access rights.
Tenants who experience a violation of RSA 540-A rights may file a petition directly with the Circuit Court. Remedies available under RSA 540-A:4 include a court order stopping the prohibited conduct, an award of compensatory damages, and relief for breach of the warranty of habitability or breach of the covenant of quiet enjoyment. Because New Hampshire also has a consumer protection statute, repeated or willful violations by a landlord may expose them to additional statutory damages. Legal aid is available through 603 Legal Aid for income-qualifying tenants throughout the state.
This guide is general information, not legal advice. Governing statute: RSA Chapter 540 (Actions Against Tenants) and RSA Chapter 540-A (Prohibited Practices and Security Deposits). Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-04.
New Hampshire FAQ
Under RSA 540-A:6, the maximum security deposit in New Hampshire is one month's rent or $100, whichever is greater. There is no higher cap allowed. The main exceptions apply to small landlords who share the unit with the tenant, or who own a single-family home with no other rentals, or who operate an owner-occupied building of five or fewer units (unless a tenant is 60 or older).
A landlord must return the deposit, along with any accrued interest, within 30 days after the tenancy ends. If any amount is withheld, the landlord must provide a written, itemized list of deductions with evidence of completed repairs. Failure to comply can result in the landlord owing the tenant twice the deposit amount plus interest.
For nonpayment of rent, New Hampshire law requires a 7-day written notice under RSA 540:3. The notice must state the amount owed and inform the tenant of the right to cure by paying all arrearages. If the tenant pays within the notice period, the eviction process stops. Only after the 7 days expire without payment can the landlord file an eviction writ with the Circuit Court.
No. New Hampshire has no statewide rent control or rent stabilization law. Landlords may increase rent by any amount they choose. For month-to-month tenants, however, at least 30 days' written notice is required before any increase takes effect. Manufactured housing tenants are entitled to 60 days' notice. Without proper written notice, tenants cannot be required to pay the higher rent.
No. Self-help eviction is strictly prohibited under RSA 540-A:2 and RSA 540-A:3. A landlord cannot change locks, remove doors, cut off utilities, or remove a tenant's belongings to force them out. Doing so exposes the landlord to civil damages, a court order reinstating the tenancy, and potentially consumer protection penalties. The only lawful way to remove a tenant is through the court eviction process.
Under RSA 540-A:3, a landlord must give at least 24 hours' advance notice before entering a rental unit and may only enter during reasonable hours. True emergencies are an exception to the notice requirement. For bed bug inspections specifically, 48 hours' written notice is required. Tenants may not unreasonably withhold consent for legitimate maintenance or repair entry.
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