Security Deposit Demand Letter — New Hampshire

NEW HAMPSHIRE SECURITY DEPOSIT DEMAND

From: [TENANT OR COUNSEL; MAILING ADDRESS, PHONE, EMAIL]

To: [LANDLORD OR CURRENT DEPOSIT HOLDER; MAILING ADDRESS]

Date: [__/__/____]

Rental unit: [ADDRESS]

Tenancy termination date: [__/__/____]

Deposit paid and date: $[AMOUNT] on [__/__/____] by [PAYMENT METHOD]

Forwarding address given to landlord: [ADDRESS, DATE, AND DELIVERY PROOF]

Dear [RECIPIENT]:

I request return of the security deposit for the rental unit above, together with any interest due and a written itemization of lawful deductions. The amount I presently claim is $[AMOUNT], calculated below. Please identify any disputed item and provide its supporting records.

1. Coverage and deposit record

RSA 540-A:5 contains exceptions to its definition of a covered landlord. Confirm whether the recipient rented a single-family residence while owning no other rental property, or rented a unit in an owner-occupied building of five units or fewer. An individual unit in the latter building occupied by a person age 60 or older remains within the subdivision's landlord definition. The rental was [DESCRIBE OWNERSHIP, BUILDING, UNIT COUNT, OCCUPANCY, AND AGES RELEVANT TO COVERAGE], supported by [RECORDS]. Do not send a claim under §§ 540-A:6-8 without establishing that the applicable person and payment fall within § 540-A:5.

Under RSA 540-A:6(I)(a), a covered landlord may not demand or receive more than one month's rent or $100, whichever is greater, as a security deposit. The rule has a separate clause for a written lease requiring quarterly or less frequent rent payments. The claimed cap issue is [STATE CALCULATION OR "NONE"].

2. Receipt, holding, and interest

Receipt and condition notice: [STATE FACTS]. Section 540-A:6(I)(b) ordinarily calls for a signed receipt with the deposit amount and holding place plus notice about reporting repair or correction conditions within five days of occupancy. Paragraph (I)(c) dispenses with the receipt when the deposit is paid by personal check, bank check, or a government or nonprofit agency check; the written condition notice still applies. My payment method was [METHOD], so [EXPLAIN WHICH DUTY APPLIES].

Trust or bond: [STATE FACTS AND EVIDENCE]. Section 540-A:6(II) keeps covered deposits as tenant money in trust, permits a single New Hampshire institution trust account for multiple tenants' deposits, and permits the specified local surety bond alternative. Do not infer a violation solely because multiple tenants' funds share one qualifying trust account.

Interest and records: The deposit was held from [DATE] to [DATE], [LESS THAN / AT LEAST] one year. Section 540-A:6(IV)(a) requires interest for a deposit held one year or longer. If I requested the account information or record examination under (IV)(b), that request was sent on [DATE] and [DESCRIBE RESPONSE]. Claim interest or a records violation only where the timing and evidence support it.

3. Return and deductions

Section 540-A:7(I) requires return of the deposit and interest due, if any, within 30 days from termination of the tenancy, subject to the stated § 540-A:6(IV)(c) interest-request provision. The statute does not add a separate universal requirement that keys or possession be delivered before its clock begins. Here, termination occurred [DATE], and the calculated return date is [DATE, METHOD, AND ANY APPLICABLE FACTUAL DISPUTE].

Damage deductions exclude reasonable wear and tear. Section 540-A:7(I) requires a written, particularized damage list and satisfactory evidence that repairs have been or will be completed, including receipts, estimates, bills, or invoices. Section 540-A:7(II) separately allows unpaid rent, unpaid lawful lease charges, and the specified lease-based real-estate-tax share, with an itemized statement identifying the claimed period.

Deposit plus interest due: $[____]

Less amounts already paid and supported lawful deductions: $[____]

Unreturned balance requested: $[____]

4. Requested resolution and remedy review

Please pay $[____] and send any missing written itemization and supporting repair or charge documents by [__/__/____] to [ADDRESS]. That response date is a requested settlement date, not a statutory extension. I am willing to correct the calculation if your records show a lawful deduction or payment not listed above.

RSA 540-A:8(I)(a) deems a covered landlord's failure to comply with § 540-A:6(I), (II), or (III) a violation of RSA 358-A:2. Subsection (I)(b) separately gives twice the sum of the deposit and interest due, less payments and listed lawful charges, for noncompliance with § 540-A:6(IV) or § 540-A:7. One branch does not automatically prove the other. Counsel's claimed branch and calculation here is [IDENTIFY SUBSECTION, FACTS, AND AMOUNT]; this letter does not stack or guarantee separate statutory awards.

Section 540-A:8(II) also addresses failure to provide a new address on termination: if that failure caused the landlord's noncompliance, the statute says the landlord is not liable or forfeiting rights under the listed sections. It separately treats a deposit and interest left unclaimed six months after termination, absent fraud. My new address was supplied on [DATE] by [METHOD] to [RECIPIENT], as shown by [EVIDENCE]; any contrary contention should identify the facts relied on.

If the recipient, tenancy, or payment falls outside this subdivision, identify the lease term and other current authority supporting any alternative claim before making it. No attorney-fee, treble-damage, or interest amount is demanded without a separate verified basis.

Sincerely,

[NAME]

[ROLE / BAR NUMBER IF COUNSEL]

[CONTACT]

Enclosures

Official sources: RSA 540-A:5 · RSA 540-A:6 · RSA 540-A:7 · RSA 540-A:8.