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New Hampshire Landlord-Tenant Law 2026: The Complete Handbook
Deposits capped at one month's rent (or $100), 30-day return, 7-day eviction notice, no late-fee cap. New Hampshire's 2026 landlord rules with free tools.
Quick answer
New Hampshirelate fee & security deposit rules (2026)
In New Hampshire, a landlord's late fee has no statutory cap (it must be reasonable and stated in the lease), and no grace period is required by state law. Security deposits are limited to 1x rent or $100 and must be returned within 30 calendar days of move-out.
- Late fee cap: No statutory cap
- Grace period: None required by state law
- Max security deposit: 1x rent or $100
- Deposit return deadline: 30 calendar days after move-out
- Deposit escrow: Not required
- Statutes: N.H. Rev. Stat. § 540-A:6
Tenby is an AI-powered property management platform for independent landlords managing 1-50 rental units. Tenby's compliance engine is loaded with New Hampshire-specific rules — security deposit deadlines, required disclosures, late fee limits, and eviction notice requirements — automatically enforced for every New Hampshire property.
New Hampshire's landlord-tenant relationship is governed by RSA chapters 540 and 540-A. The state is light-touch on late fees and rent control, but its security deposit rules — the cap, the receipt, and the tenant's 5-day condition-reporting window — are detailed and specific. Here's everything you need to know.
Security deposits in New Hampshire
| Rule | New Hampshire Law |
|---|---|
| Maximum deposit | 1 month's rent or $100, whichever is greater (N.H. Rev. Stat. § 540-A:6) |
| Return deadline | 30 days after move-out |
| Escrow required? | No |
| Interest required? | No |
| Itemized deductions? | Yes — written itemization required (N.H. Rev. Stat. § 540-A:7) |
| Pet deposit allowed? | Yes |
Key details:
- The deposit is capped at one month's rent or $100, whichever is greater (N.H. Rev. Stat. § 540-A:6)
- The deposit, or an itemized statement of deductions, must be returned within 30 days (N.H. Rev. Stat. § 540-A:7)
- On receiving a deposit, you must deliver a signed receipt stating the amount and where it is held — see the disclosures section below for the full receipt rules
> Run the numbers: Use the New Hampshire security deposit calculator to check your deposit amount and return deadline against RSA 540-A.
Eviction process in New Hampshire
Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal. Follow the statutory process.
Step 1: Serve proper notice
| Reason | Notice Period | Notice Type |
|---|---|---|
| Nonpayment of rent | 7 days | Eviction notice with a Demand for Rent (N.H. Rev. Stat. §§ 540:2, 540:3) |
| Month-to-month termination | 30 days | Notice to Quit (N.H. Rev. Stat. § 540:3) |
New Hampshire's nonpayment process carries a right to cure: paying what is owed within the notice period defeats the eviction (N.H. Rev. Stat. § 540:3).
Step 2: File the eviction action
If the tenant neither pays nor vacates, file the eviction action with the local court.
Step 3: Court hearing
Both parties present their case. Bring the lease, the served notice and demand for rent, the rent ledger, and your documentation.
Step 4: Writ of possession
If the court rules in your favor, the writ is executed by law enforcement. Timelines vary by court schedules.
Late fees in New Hampshire
| Rule | New Hampshire Law |
|---|---|
| Grace period | Not required by statute |
| Maximum fee | No statutory cap — must be reasonable |
| Must be in lease? | Yes |
| Daily fees allowed? | Not recommended — flat, reasonable fees are the defensible pattern |
New Hampshire has no statutory grace period and no statutory cap on residential late fees for standard rentals. The fee must be provided for in the lease and must be reasonable — an outsized fee risks being struck down as an unenforceable penalty. Best practice: use a single flat fee that is modest relative to the monthly rent, stated plainly in the lease.
> Check your fee: The New Hampshire late fee calculator tells you whether your proposed fee holds up under New Hampshire's reasonableness standard. Also try our prorated rent calculator for move-in/move-out calculations.
Landlord entry in New Hampshire
| Rule | New Hampshire Law |
|---|---|
| Notice required? | Yes — reasonable notice |
| Standard notice period | 24 hours (no specific statutory number — make it a lease term) |
| Emergency exceptions | Yes — emergencies permit entry without notice |
New Hampshire law does not pin entry notice to a specific statutory number of hours for ordinary rentals. 24 hours' notice is the standard Tenby enforces for New Hampshire properties — write it into the lease so the expectation is contractual.
Required disclosures in New Hampshire
New Hampshire landlords must provide the following:
- Security deposit receipt — on receiving a deposit, deliver a signed receipt stating the amount and where the deposit is held (not required when the deposit is paid by personal check, bank check, or a government or nonprofit check). You must also notify the tenant that any conditions needing repair should be noted on the receipt or reported in writing within 5 days of occupancy. On request, you must disclose the bank, account number, amount, and interest rate. Exemption (RSA 540-A:5): landlords who rent only single-family homes and own no other rentals, and owner-occupied buildings of 5 or fewer units, are exempt — except for units occupied by persons age 60 or older (N.H. Rev. Stat. § 540-A:6)
- Lead paint disclosure — for properties built before 1978, disclose known lead-based paint hazards and provide the EPA's "Protect Your Family From Lead in Your Home" pamphlet (federal requirement)
- No rent control — New Hampshire has no rent control
- No cap on the amount of an increase
- Cannot raise rent during a fixed-term lease unless the lease includes a rent increase clause
- Cannot raise rent in retaliation for a tenant exercising legal rights
- Month-to-month tenancies can be terminated on 30 days' notice (N.H. Rev. Stat. § 540:3) — give at least that much runway when changing terms
- Maintain the property in habitable condition and comply with building and housing codes
- Keep plumbing, heating, electrical, and supplied appliances in good working order
- Maintain common areas
- Make repairs within a reasonable time after notice — Tenby's compliance engine tracks a 14-day repair window for New Hampshire properties
- Keep the unit clean and sanitary
- Use systems, fixtures, and appliances reasonably
- Not willfully or negligently damage the premises
- Dispose of garbage properly and not disturb neighbors
- Notify the landlord of needed repairs promptly — and note unit conditions in writing within 5 days of moving in, per the deposit receipt rules
- Habitable housing — the landlord must maintain the premises
- Cure nonpayment — paying what is owed within the notice period defeats the eviction (N.H. Rev. Stat. § 540:3)
- Withhold rent — rent withholding remedies are available when the landlord fails to maintain the premises
- Repair and deduct — available as a remedy after proper notice
- Deposit protections — the statutory cap, the signed receipt, bank information on request, itemized deductions, and the 30-day return deadline
- Domestic violence protections — under federal VAWA, tenants in certain federally subsidized housing have additional protections
- Deposit cap enforcement (one month's rent or $100, whichever is greater) at lease creation
- 30-day deposit return tracking with countdown alerts
- Deposit receipt workflow — generates the signed receipt with the amount and holding location, and prompts the tenant's 5-day condition report
- Exemption detection for single-family-only and small owner-occupied landlords under RSA 540-A:5
- Required disclosure checklist at lease creation (deposit receipt, lead paint)
- 7-day nonpayment notice timeline guidance with demand-for-rent generation
- Late fee reasonableness guidance for a state with no statutory cap
Rent increase rules in New Hampshire
Maintenance obligations
Landlord must:
Tenant must:
Tenant rights in New Hampshire
Tenants in New Hampshire have the right to:
How Tenby helps New Hampshire landlords
Tenby's compliance engine handles New Hampshire-specific requirements automatically:
The bottom line
New Hampshire leaves late fees and rent levels to the lease, but its deposit rules are precise: a cap of one month's rent (or $100 if greater), a signed receipt stating where the deposit is held, a 5-day window for the tenant to report conditions, and a 30-day return deadline with itemized deductions. Add the 7-day nonpayment notice with its demand for rent and a 30-day notice for month-to-month changes, and the compliance picture is short but strict. Follow RSA 540 and 540-A, document everything, and you'll avoid most legal issues.
Landlord Law Watch
Never miss a New Hampshire law change
This guide is current today — but New Hampshire's late fee caps, deposit rules, grace periods, and notice requirements change more often than most landlords realize. Law Watch monitors the statutes and emails you the moment New Hampshire moves: what changed, old vs. new, and what to update in your lease.
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