Renting in New Hampshire runs on two statutes: RSA 540 for evictions and RSA 540-A for security deposits and the practices a landlord or tenant may not use. The short version: a covered landlord may hold no more than one month's rent or $100, whichever is greater, as a deposit, must return it within 30 days of the end of the tenancy, and can remove a tenant only through the courts, never by changing locks or cutting utilities.
We manage year-round rentals around Plymouth and Campton, and this guide covers the rules from both sides. It is general information, not legal advice: the statutes have thresholds and exceptions that turn on the details, and a landlord-tenant attorney or the court's own self-help resources are the place to take a specific dispute.
The lease: what it should say
New Hampshire's statutes set the floor; the lease does the rest. A residential lease that holds up here covers, at a minimum:
- Term and rent. Start and end dates, monthly rent, when and how it is paid, and any late fee.
- Who lives there. Every adult occupant by name. In Plymouth, the zoning ordinance limits an unrelated household to three persons, so the lease should never promise more.
- Utilities and heat. Who pays which bills. In a January in the White Mountains this line matters more than any other.
- Snow, parking and trash. Who clears what, and how many off-street spaces each tenant gets. Plymouth bans overnight on-street parking from September 1 to June 1.
- The deposit. The amount, where it is held and how deductions work (see below).
- Renewal and ending. What notice either side owes before the term ends.
An owner should not use a form found online without checking it against RSA 540 and 540-A: a lease clause that waives a tenant's statutory deposit rights is void under RSA 540-A:8, however it is worded.
Security deposits under RSA 540-A
Who the deposit rules cover
The deposit rules apply to a "landlord" as RSA 540-A:5 defines one, and the definition has two important exclusions. A person who rents a single-family residence and owns no other rental property is not a landlord for these sections. Neither is a person renting units in an owner-occupied building of five units or fewer, except for any unit occupied by a person 60 or older. The statute also defines a security deposit broadly: all funds in excess of the monthly rent transferred from the tenant to the landlord, for any purpose. The New Hampshire Supreme Court has held that the deposit rules were not meant to cover vacation or recreational rentals. If you own a nightly rental, vacation rental management runs on guest agreements rather than RSA 540-A.
How much, where it is held, and the receipt
For a covered landlord, RSA 540-A:6 caps the deposit at one month's rent or $100, whichever is greater. The deposit stays the tenant's money: the landlord holds it in trust and may not commingle it with personal funds. The landlord must also give the tenant a signed receipt stating the amount and where the deposit is held.
Interest
A landlord who holds a deposit for a year or longer owes the tenant interest on it, at the rate paid on regular savings accounts at the institution where it is deposited. Interest is paid back with the deposit, and a long-term tenant may ask for accrued interest periodically during the tenancy as RSA 540-A:6 provides.
Getting it back: the 30-day rule
Under RSA 540-A:7, the landlord must return the deposit, with any interest owed, within 30 days after the tenancy ends. The landlord may keep money for damage beyond normal wear and tear, but only with a written, itemized list of the damage and evidence that the repairs have been or will be done. Unpaid rent and other lawful charges can be deducted too, itemized by the period each covers.
A landlord who does not comply is liable under RSA 540-A:8 for twice the deposit plus interest, less any lawful deductions. A deposit the tenant leaves unclaimed for six months after the tenancy ends becomes the landlord's, absent fraud.
Evictions under RSA 540
Restricted and nonrestricted property
New Hampshire splits rental housing in two. Under RSA 540:1-a, nonrestricted property includes a single-family house whose owner owns no more than three single-family houses at a time, and a rental unit in an owner-occupied building of four units or fewer. Everything else residential is restricted property. The distinction matters because a landlord of restricted property may end a tenancy only for one of the reasons listed in RSA 540:2. Those include nonpayment of rent, substantial damage to the premises, failure to comply with a material term of the lease, behavior that adversely affects the health or safety of other tenants or the landlord, and other good cause.
The 2026 change: the end of a long lease
As of July 1, 2026, RSA 540:2 adds a no-fault ground: the expiration of a lease with an original term of 12 months or more (or a shorter lease renewed to a total of 12 months or more), where the landlord gave written notice at least 60 days before the termination date that the lease will not be renewed. The landlord must file the possessory action within six months of the lease ending. A no-fault termination under this ground is not to be treated as an eviction on rental applications or tenant screening reports, and the tenant keeps the retaliation and anti-discrimination defenses.
Notice, and the right to pay and stay
An eviction starts with a written eviction notice that states the specific reason. Under RSA 540:3, the notice period for most grounds is 30 days, and 7 days for nonpayment of rent and a short list of other grounds such as substantial damage. A nonpayment notice must tell the tenant of the right to avoid eviction by paying the arrears and liquidated damages under RSA 540:9.
That right is real. A nonpayment case must be dismissed if, before the hearing, the tenant pays all rent due, other lawful charges, $15 in liquidated damages and the landlord's fees. A tenant can use it no more than three times in 12 months, and the Supreme Court has held that an offer to pay is not enough; the money has to be paid.
Court, not self-help
If the tenant does not leave or cure, the landlord files a landlord and tenant writ in the Circuit Court, District Division. Until the court orders otherwise, the tenant stays. RSA 540-A:3 forbids a landlord to interrupt utilities (apart from temporary interruptions for repairs or emergencies), to deny a tenant access to the unit other than through proper judicial process, or to enter without the tenant's consent except for emergency repairs or with a court order. A tenant can petition the court under RSA 540-A:4 over a violation. The same section also places limits on tenants, including on blocking necessary repairs.
Repairs and habitability
New Hampshire gives a tenant a defense, not a free pass, when a unit is unfit. Under RSA 540:13-d, a nonpayment eviction cannot proceed where the unit has a fitness violation that materially affects habitability, provided the tenant proves by clear and convincing evidence that, while not behind on rent, they gave written notice of the problem to the person they pay rent to, that the landlord failed to fix it within 14 days (or as fast as an emergency required), and that the tenant did not cause it.
If the defense is raised, the court can continue the case for up to a month to let the landlord make the repair, and the tenant must pay the withheld and newly due rent into court in the meantime. The defense applies only to nonpayment cases.
Tenants: report problems in writing and keep paying. Owners: fix things quickly and keep a record of when you were told and when it was done.
Renting in NH as an owner: where management helps
Most people who rent in New Hampshire never see a courtroom, and most of the disputes we do see start as paperwork problems: a deposit without a receipt, a move-out without photos, a notice with the wrong number of days. Our property management service handles screening, leases, deposits, maintenance and move-outs for year-round rentals across the region, and our town pages for Plymouth and Campton cover the local rules. If you are weighing whether to buy a rental at all, our guide to long-term rental properties covers where the year-round demand is.
For tenants looking for a place, our rentals in Plymouth NH guide covers rents, the academic-year lease cycle and when to start looking, and homes for sale in Plymouth NH are worth a look if the rent you are paying would cover a mortgage. If you own a rental and want to sell it with tenants in place, our listing team handles that regularly.
Frequently asked questions
How much can a landlord charge for a security deposit in New Hampshire?
For a landlord covered by RSA 540-A, no more than one month's rent or $100, whichever is greater. A person renting a single-family home who owns no other rental property, and an owner renting units in an owner-occupied building of five units or fewer (except units occupied by someone 60 or older), are outside that definition.
How long does a landlord have to return a security deposit in NH?
Thirty days after the tenancy ends, under RSA 540-A:7. Any deduction for damage beyond normal wear and tear needs a written, itemized list and evidence of the repairs. A landlord who fails to comply can owe twice the deposit plus interest, less lawful deductions.
How much notice does a landlord have to give before an eviction in New Hampshire?
Seven days for nonpayment of rent and a few other grounds such as substantial damage, and 30 days for most other grounds, under RSA 540:3. Since July 1, 2026, a landlord ending a lease of 12 months or more at its expiration must give at least 60 days' written notice that it will not be renewed.
Can a landlord change the locks or shut off utilities in NH?
No. RSA 540-A:3 bars a landlord from interrupting utilities (except temporarily for repairs or emergencies) and from denying a tenant access to the unit except through proper judicial process. Only a court can order a tenant out.
Can a tenant stop paying rent until repairs are made?
Not safely. RSA 540:13-d gives a defense to a nonpayment eviction only where the tenant was current on rent when they gave written notice, the landlord failed to fix a fitness problem within 14 days, and the tenant did not cause it. If the court continues the case, the rent goes into court.
Sources
- RSA 540-A, Prohibited Practices and Security Deposits, NH General Court, including 540-A:3, 540-A:5, 540-A:6, 540-A:7 and 540-A:8
- RSA 540, Actions Against Tenants, NH General Court, including 540:2, 540:3 and 540:13-d
- Renting, NH Department of Justice consumer sourcebook
- Security Deposits: Read the Law, New Hampshire Law Library (NH Judicial Branch)
- Landlord/Tenant, District Division, NH Judicial Branch