New Hampshire Landlord-Tenant Law for DIY Landlords (2026)

Security deposits, late fees, entry, the 7-day and 30-day eviction notices and the court timeline in New Hampshire, in plain English for landlords who manage their own rentals.

Last updated September 23, 2026

New Hampshire sorts landlords into groups before it tells you anything else. The deposit rules skip some small owners. The eviction rules let some owners end a tenancy by notice alone, and make everyone else name a legal ground.

Find your group first, then work through the rest.

Which group you are in

Deposits. The deposit rules do not reach a person who rents a single-family residence and owns no other rental property, or a person renting units in an owner-occupied building of 5 units or fewer. A unit occupied by a tenant aged 60 or older is carved back in (RSA 540-A:5, I).

Evictions. Nonrestricted property means single-family houses where the owner owns no more than 3 at one time, owner-occupied buildings of 4 units or fewer, and single-family houses banks take through foreclosure. Every other residential rental is restricted property, and can be cleared only on a ground the statute lists (RSA 540:1-a, RSA 540:2).

Security deposits

The cap is one month's rent or $100, whichever is greater (RSA 540-A:6, I).

Anything over one month's rent counts as a deposit. A security deposit is all funds in excess of the monthly rent transferred from tenant to landlord for any purpose (RSA 540-A:5, II). First month plus last month plus a damage deposit puts you over the cap.

Give a receipt on the spot, naming the amount and where the money is held. The tenant notes needed repairs on that receipt or sends them to you in writing within 5 days of moving in (RSA 540-A:6).

The money is still the tenant's. You hold it in trust, out of your personal funds. Pooling every tenant deposit into one trust account at a bank, savings and loan or credit union is allowed. Hold a deposit a year or longer and you owe interest at the rate paid on regular savings accounts (RSA 540-A:6).

Thirty days to return it, counted from the termination of the tenancy, with interest (RSA 540-A:7, I).

Itemise every deduction. For damage, send a written itemised list naming the damage, the repair needed, and evidence the repair has been done or will be done. For unpaid rent, taxes or lease charges, the list names the period each claim covers (RSA 540-A:7).

The penalties have teeth. Break the receipt, trust account or interest rules and you have violated the Consumer Protection Act (RSA 540-A:8, I(a)), which carries actual damages or $1,000, whichever is greater, doubled or trebled for a willful violation, plus the tenant's costs and attorney fees (RSA 358-A:10). Miss the return deadline or the itemised list and you owe twice the deposit plus interest (RSA 540-A:8, I(b)).

Two small mercies. A deposit left unclaimed becomes yours after six months absent fraud where the tenant gave you no new address (RSA 540-A:8, II). A lease clause waiving these rules is void (RSA 540-A:8, III).

Rooms with a shared kitchen or bath run on their own chapter. A shared facility deposit above 30 days rent needs a written receipt, and with no written agreement it goes back within 20 days (RSA 540-B:10). Ending that tenancy takes 30 days' written notice, 7 days for nonpayment, 72 hours for damage or a safety problem (RSA 540-B:3).

Late fees

New Hampshire sets no late fee cap and no grace period for residential rentals. Put the amount in the lease and keep it sane.

The one number the statute names is small. A tenant facing eviction for nonpayment can kill the case by paying the arrears plus $15 liquidated damages plus the filing fee and service charges before the hearing on the merits, up to 3 times in a 12-month period (RSA 540:9).

Rent increases and rent control

New Hampshire has no statewide rent control law, and no statute setting a notice period for a rent increase.

On restricted property the increase is not the lever. If a tenant refuses to pay more, you are back to the good cause list, which covers any legitimate business or economic reason with no fault by the tenant (RSA 540:2, V). That runs through a 30-day eviction notice.

Entering the unit

Get consent first. A landlord may not willfully enter a tenant's premises without prior consent, other than for emergency repairs (RSA 540-A:3, IV). The tenant's matching duty is to not refuse access at a reasonable time after notice adequate under the circumstances (RSA 540-A:3, V). No hour count appears in the statute, so write one into the lease.

Lockouts and shutoffs are separate violations. You may not cut utilities or seize the unit or the tenant's property outside a court process (RSA 540-A:3, I to III). A tenant files a petition with no filing fee and gets a hearing within 30 days of filing or 10 days after service, whichever is later (RSA 540-A:4).

Ending a month-to-month tenancy

On nonrestricted property you end it with a written eviction notice under RSA 540:3 and RSA 540:5. On restricted property there is no clean 30-day walk-away. You need a ground from RSA 540:2, II, then the notice period that ground carries.

New on July 1, 2026. Lease expiration is now its own ground. For a lease with an original term of 12 months or longer, or one renewed to a total of 12 months or longer, you may end it at expiration with at least 60 days' written notice, then file the possessory action within 6 months (RSA 540:2, II(i)).

When rent isn't paid

Serve a demand for rent, then an eviction notice. The demand counts if served any time after rent comes due, before or with the eviction notice (RSA 540:5).

Nonpayment takes 7 days' notice. Substantial damage, behavior affecting other tenants' health or safety, and the domestic violence ground take 7 days too. Everything else takes 30 days (RSA 540:3, II).

The notice states the reason with specificity and tells the tenant about any right to avoid eviction by paying the arrears and liquidated damages. Any person can serve it, on the tenant or at the last and usual place of abode, with an affidavit of service on a true copy (RSA 540:5).

The eviction timeline

Notice expires. 7 days or 30 days from service (RSA 540:3).
Writ of summons. Returnable before the district court 7 days from the date the sheriff serves it.
Appearance. A tenant contesting files an appearance by the return day. A hearing follows within 10 days, with notice mailed at least 6 days ahead.
Default. No appearance means the court mails a default notice at least 3 days before the writ of possession issues.
Appeal. The tenant has 7 days from notice of the decision to file a notice of intent to appeal, and keeps paying rent as it comes due (RSA 540:13).

Repairs and habitability

In a town with no housing code of its own, RSA 48-A:14 sets the floor. No untreated infestation, no defective plumbing or sewage backup, no exposed wiring, no leaking roof or unsound stairs, working water and hot water, no gas leaks, and heat able to hold an average of 65 degrees in habitable rooms.

Fall below that and a tenant has a defense to a nonpayment eviction, on proof you got written notice at a time when rent was current, and had 14 days to fix it. The court can hold the rent and split it based on what the unit was worth in that condition (RSA 540:13-d).

The short version

Deposit cap of one month's rent or $100, and anything over one month's rent counts
Receipt at collection, trust account, interest after one year
30 days to return it with an itemised list, double damages if you miss
Small owners may sit outside the deposit rules, check RSA 540-A:5
No late fee cap, no grace period, no rent control
7 days' notice for nonpayment, 30 days for most other grounds
Restricted property needs a ground from RSA 540:2, II
From July 1, 2026, lease expiration is a ground with 60 days' notice

Let Taz handle the paperwork

Taz is an AI property manager for landlords who would rather not live in the RSA. It tracks the 30-day deposit clock, sends rent reminders, takes maintenance calls at any hour, and keeps the records a New Hampshire judge would ask for, at a flat monthly price per door instead of a cut of your rent. See how Taz works.

Where this guide says a state has no rule on something, that means we found no statute setting one, which is not the same as none existing. Local ordinances and court practice can add requirements. Confirm anything you plan to rely on.

This guide is general information, not legal advice. Laws change, and your city or town may add rules. Talk to a New Hampshire attorney before acting on a specific situation. Last checked September 2026.