Security Deposit Return Deadlines & Deductions in New Hampshire

At a glance

Requirements one by one

Governing law

New Hampshire's deposit rules live in a short set of sections, N.H. Rev. Stat. Ann. §§ 540-A:5 through 540-A:8 ("Prohibited Practices and Security Deposits"). A scope note matters here: the statute's own definition of "landlord" excludes "a person who rents or leases a single-family residence and owns no other rental property" and anyone renting units "in an owner-occupied building of 5 units or less" — except that this exclusion doesn't apply "for any individual unit in such building which is occupied by a person or persons 60 years of age or older" (§ 540-A:5). If you fall into one of those excluded categories, none of the deadlines, caps, or penalties below apply to your deposit, though your landlord still generally owes the money back under ordinary contract principles.

Deadline to return the deposit

"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" (§ 540-A:7, I). That's the full trigger — the statute doesn't add a separate step tied to when you actually hand back the keys.

Itemized statement required?

Yes, whenever the landlord deducts anything. For damage, the landlord "shall provide the tenant with a written, itemized list... which shall indicate with particularity the nature of any repair necessary... and satisfactory evidence that repair... has been or will be completed" — things like receipts, labor estimates, bills, or invoices (§ 540-A:7, I). The same itemization duty applies to any claimed unpaid rent, tax share, or other lawful charge (§ 540-A:7, II).

What can be deducted

Unpaid rent; the cost of repairing damage to the premises "excluding reasonable wear and tear"; the tenant's share of a real estate tax increase during the lease, but only "if the tenant is required under the lease agreement to pay" it; and "other lawful charges due under the lease which remain unpaid" (§ 540-A:7).

Maximum deposit amount

"A landlord shall not demand or receive any security deposit in an amount or value in excess of one month's rent or $100, whichever is greater" (§ 540-A:6, I(a)). The statute defines "security deposit" broadly as "all funds in excess of the monthly rent which are transferred from the tenant to the landlord for any purpose" (§ 540-A:5) — so a pet fee or any other up-front charge counts toward this same single cap, not a separate one.

Interest on the deposit?

Yes, once the holding period crosses a year: "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" at the New Hampshire institution holding it (§ 540-A:6, IV(a)). If the landlord pools multiple tenants' deposits in one account, the rule shifts slightly: the landlord then "shall pay the actual interest earned on such account proportionately to each tenant" instead of the passbook rate. A tenant can also request payout of accrued interest every 3 years, and the landlord then has 15 days to comply (§ 540-A:6, IV(c)).

Penalty for a late/bad-faith withholding

Two separate tracks. Missing the 30-day return deadline or the interest requirement makes the landlord "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... less any payments made and any charges owing" (§ 540-A:8, I(b)) — a flat doubling, not a discretionary range. Separately, failing to give the required receipt, hold the deposit in trust, or transfer it properly when the property is sold "shall be deemed to have violated RSA 358-A:2" (§ 540-A:8, I(a)) — New Hampshire's Consumer Protection Act. That opens a second remedy track under § 358-A:10: "recovery shall be in the amount of actual damages or $1,000, whichever is greater," rising to "as much as 3 times, but not less than 2 times" for "a willful or knowing violation," plus mandatory "costs of the suit and reasonable attorney's fees" for a prevailing tenant. Neither penalty applies, though, if the landlord's noncompliance is "due to the failure of the tenant to notify the landlord of his new address" — and an unclaimed deposit becomes the landlord's property outright after 6 months in that situation (§ 540-A:8, II).

Separate account or bond required?

Yes. The deposit "continue[s] to be the money of the tenant and shall be held in trust," never "mingled with the personal moneys" of the landlord, at "any bank, savings and loan association or credit union organized under the laws of" New Hampshire (§ 540-A:6, II). Multiple tenants' deposits can be pooled together in one such trust account. As an alternative, a landlord can post "a bond written by a company located in New Hampshire," filed "with the clerk of the city or town" where the property sits, instead of holding the money at all.

What trips people up

This law doesn't cover every rental. If your landlord rents out only a single-family home and owns no other rental property, or lives in the same small building (5 units or fewer) that you rent in, none of these deadlines or penalties apply to you by default — unless you're 60 or older, in which case the protections apply regardless.

Interest is owed based on how long the deposit was held, not just whether it was pooled with other tenants' money. The one-year holding period is what triggers the interest duty in the first place; pooling multiple tenants' deposits only changes HOW the interest is calculated (actual earnings, split proportionately) rather than whether it's owed at all.

Not sending your new address can cost you the whole deposit. If the landlord can't reach you because you never gave a forwarding address, they're not liable for missing the deadline — and after 6 months, an unclaimed deposit becomes theirs outright.

Common questions

How long does my New Hampshire landlord have to return my deposit? 30 days from when the tenancy ends.

Is there a cap on my deposit? Yes — one month's rent or $100, whichever is greater, and that cap covers all upfront charges beyond rent, not just a deposit labeled as such.

What if my landlord is late? You can recover double the deposit plus any interest due, minus lawful deductions. If the landlord also skipped the receipt, trust, or transfer-on-sale rules, that's separately treated as a Consumer Protection Act violation, which can add attorney's fees and a further damages multiplier.

Statutes and sources

• N.H. Rev. Stat. Ann. § 540-A:5 — definitions, including the landlord-scope exclusions and the broad "security deposit" definition. https://gc.nh.gov/rsa/html/LV/540-A/540-A-5.htm (accessed 2026-07-06)
• N.H. Rev. Stat. Ann. § 540-A:6, I(a) — the one-month-rent-or-$100 cap. https://gc.nh.gov/rsa/html/LV/540-A/540-A-6.htm (accessed 2026-07-06)
• N.H. Rev. Stat. Ann. § 540-A:6, II — the trust/segregation requirement and the surety-bond alternative. https://gc.nh.gov/rsa/html/LV/540-A/540-A-6.htm (accessed 2026-07-06)
• N.H. Rev. Stat. Ann. § 540-A:6, IV(a) — the one-year interest requirement. https://gc.nh.gov/rsa/html/LV/540-A/540-A-6.htm (accessed 2026-07-06)
• N.H. Rev. Stat. Ann. § 540-A:7 — the 30-day return deadline and permitted deductions. https://gc.nh.gov/rsa/html/LV/540-A/540-A-7.htm (accessed 2026-07-06)
• N.H. Rev. Stat. Ann. § 540-A:8, I — the double-damages penalty and the Consumer Protection Act cross-reference. https://gc.nh.gov/rsa/html/LV/540-A/540-A-8.htm (accessed 2026-07-06)
• N.H. Rev. Stat. Ann. § 540-A:8, II — the forwarding-address exception and the 6-month unclaimed-deposit rule. https://gc.nh.gov/rsa/html/LV/540-A/540-A-8.htm (accessed 2026-07-06)
• N.H. Rev. Stat. Ann. § 358-A:10, I — the Consumer Protection Act's own damages, multiplier, and attorney's-fee rule. https://gc.nh.gov/rsa/html/XXXI/358-A/358-A-10.htm (accessed 2026-07-06)