| Quick Facts | Answer |
| Acceptable Deductions | Unpaid rent, late fees and utilities
Unpaid real estate taxes Costs of damage Charges outlined in lease |
| Return Deadline | 30 days |
| Itemized Deductions | Required |
| Penalty for Late Return | 2x Amount Due |
For laws on security deposit collections and holdings in New Hampshire, click here.
Some cities and counties may have regulations which are different from those presented here. Always check local laws.
Security Deposit Deductions in New Hampshire
New Hampshire allows these deductions from a security deposit:
- Unpaid rent, late fees, and utilities
- Unpaid real estate taxes outlined in the lease agreement
- Costs of damage excluding normal wear and tear
- Other charges outlined in the lease agreement
Most states, including New Hampshire, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable and reflect actual landlord expenses.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.
What Is Considered Normal Wear and Tear in New Hampshire?
“Normal wear and tear” is damage and deterioration to a property that happens over time using an ordinary and reasonable level of care. Normal wear and tear includes things like:
- Gently worn carpets
- Lightly scratched glass
- Faded paint and flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
“Excessive damage” means any careless, reckless, or intentional damage that occurs because of someone on the property with the tenant’s permission. Examples include:
- Heavily stained, burned, or torn carpets
- Broken tiles or windows
- Holes in the wall
- Missing fixtures
Can the Landlord Charge for Replacing the Carpet in New Hampshire?
Landlords can charge for replacing the carpet if it is damaged beyond normal wear and tear.
A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.
Can the Landlord Charge for Nail Holes in New Hampshire?
New Hampshire landlords can charge a tenant for nail holes if they damage the walls in a way that doesn’t demonstrate an ordinary and reasonable level of care.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage, and thus chargeable to the tenant.
Can the Landlord Charge a Cleaning Fee in New Hampshire?
New Hampshire law allows landlords to make deductions from the security deposit for cleaning, limited to bringing the rental unit back to its original condition at the start of the lease term.
Can the Landlord Charge for Painting in New Hampshire?
New Hampshire landlords can charge for painting, except for normal wear and tear. For example, a landlord might be able to charge for:
- Damage to the paint beyond normal wear and tear
- Tenant repainting without the landlord’s consent
- Tenant repainting with consent, but not doing the work to a professional standard
Normal paint wear includes:
- Minor scrapes from daily use
- Fading due to sunlight
- Minor cracks in the original paint.
Landlords can charge for repainting if the damage is not the result of ordinary care. This includes stains, large or deep scratches, and water damage.
Security Deposit Returns in New Hampshire
Landlords in New Hampshire must return a security deposit with interest (if due) with a written statement of deductions (if any) to the tenant’s forwarding address no later than 30 days after the lease term ends.
How Long Do Landlords Have to Return Security Deposits in New Hampshire?
New Hampshire landlords have 30 days after the lease term ends to return any unused portion of the security deposit.
Do Landlords Owe Interest on Security Deposits in New Hampshire?
Tenants are entitled to earn interest if their security deposit is held longer than one year equal to the standard interest rate for a savings account at the financial institution where it is being held. Any interest due should be returned to the tenant along with their security deposit.
How Do Landlords Give Notice in New Hampshire?
Written notice must be delivered to the tenant’s forwarding address and must include the amount of the security deposit and interest due, if any, to the tenant, plus an itemized statement of deductions.
The itemized statement of deductions should specify any repairs necessary and include evidence of the associated costs, like receipts, bills, or invoices.
However, if a tenant does not provide a forwarding address within a reasonable time after the lease term ends, the landlord is not responsible for returning the security deposit.
If the tenant has not provided an address within 6 months after the lease term ends, the security deposit and interest become the property of the landlord.
Can a Security Deposit Be Used for Last Month’s Rent in New Hampshire?
New Hampshire law does not forbid the security deposit from being used for any outstanding rent.
Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last month’s rent until the tenant vacates the rental unit.
Security Deposit Disputes in New Hampshire
If landlords do not return the security deposit within the 30-day period, tenants can file for damages in court up to twice the amount wrongfully withheld.
Tenants can also take legal action against a landlord for:
- Failure to provide an itemized statement when deductions are made
- Unreasonable deductions
Special Damages. The following actions by a landlord violate the Consumer Protection Act and have special penalties:
- Requiring more than one month’s rent as a security deposit
- Failing to transfer the security deposit when the property is sold
- Failing to properly hold the security deposit
In these situations, tenants can sue for actual damages or $1,000, whichever is greater, plus court costs and attorneys’ fees. If the tenant can prove the act was willful, the judge may award up to three times the amount of damages.
How Can Tenants File a Dispute for a Security Deposit in New Hampshire?
If a landlord fails to return the security deposit, the tenant can file a dispute in Small Claims Court if the amount of damages is less than $10,000. If the amount is greater, the tenant must file a regular civil case in the local Circuit Court.
A small claims case must be filed within 3 years and an attorney is not required but permitted. Cases are filed in the Small Claims Court where the plaintiff or defendant lives. Filing fees are $90 or $145 depending on the amount claimed.
Sources
- 1 N.H. Rev. Stat. § 540-A:7
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Except as provided in RSA 540-A:6, IV(c), a landlord shall return a security deposit to a tenant and pay the interest due, if any, within 30 days from the termination of the tenancy. If there are any damages to the premises, excluding reasonable wear and tear, the landlord may deduct the costs of repair from the security deposit. The landlord shall provide the tenant with a written, itemized list of any damages for which the landlord claims the tenant is liable, which shall indicate with particularity the nature of any repair necessary to correct any damage and satisfactory evidence that repair necessary to correct these damages has been or will be completed. Satisfactory evidence may include, but not be limited to, receipts for purchased repair materials and labor estimates, bills or invoices indicating the actual or estimated cost thereof.
Source Link - 2 N.H. Rev. Stat. § 540-A:6(IV)
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(a) A landlord who holds a security deposit for a period of one year or longer shall pay to the tenant interest on the deposit at a rate equal to the interest rate paid on regular savings accounts in the New Hampshire bank, savings and loan association, or credit union in which it is deposited, commencing from the date the landlord receives the deposit or from September 13, 1977, whichever is later. If a landlord mingles security deposits in a single account under RSA 540-A:6, II(b), the landlord shall pay the actual interest earned on such account proportionately to each tenant.
(b) Upon request, a landlord shall provide to the tenant the name of any bank, savings and loan association, or credit union where his security deposit is on deposit, the account number, the amount on deposit, and the interest rate on the deposit and shall allow the tenant to examine his security deposit records.
(c) Notwithstanding RSA 540-A:7, I, a tenant may request the interest accrued on a security deposit every 3 years, 30 days before the expiration of that year’s tenancy. The landlord shall comply with the request within 15 days of the expiration of that year’s tenancy.
Source Link - 3 N.H. Rev. Stat. § 540-A:8
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I.
(a) Any landlord who does not comply with RSA 540-A:6, I, II or III shall be deemed to have violated RSA 358-A:2.
(b) Any landlord who does not comply with RSA 540-A:6, IV or RSA 540-A:7 shall be liable to the tenant in damages in an amount equal to twice the sum of the amount of the security deposit plus any interest due under this subdivision, less any payments made and any charges owing for damages, unpaid rent, or share of real estate taxes as specified in RSA 540-A:7.
II. Notwithstanding RSA 540-A:6, 540-A:7, and 540-A:8, I, a landlord shall not be liable nor forfeit any rights if his failure to comply with said sections and paragraph is due to the failure of the tenant to notify the landlord of his new address upon termination of the tenancy. Any deposits plus interest due on the deposit that remain unclaimed after 6 months from the termination of the tenancy shall become the property of the landlord, free and clear of any claim of the tenant, absent fraud.
III. Any provision in any lease or rental agreement by which the tenant is purported to waive any of his rights under this subdivision, except as provided in RSA 540-A:6, III(d), shall be void.
Source Link - 4 N.H. Rev. Stat. § 358-A:10
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Any person injured by another’s use of any method, act or practice declared unlawful under this chapter may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper. If the court finds for the plaintiff, recovery shall be in the amount of actual damages or $1,000, whichever is greater. If the court finds that the use of the method of competition or the act or practice was a willful or knowing violation of this chapter, it shall award as much as 3 times, but not less than 2 times, such amount. In addition, a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorney’s fees, as determined by the court. Any attempted waiver of the right to the damages set forth in this paragraph shall be void and unenforceable. Injunctive relief shall be available to private individuals under this chapter without bond, subject to the discretion of the court.
Source Link - 5 N.H. Rev. Stat. § 503:1
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A small claim is any right of action not involving the title to real estate in which the debt or damages, exclusive of interest and costs, does not exceed $10,000.
Source Link
