At a Glance
| Question | Answer | Details |
|---|---|---|
| Security deposit limit? | 1 month's rent or $100 | Whichever is greater |
| Rent control? | No | New Hampshire does not have rent control |
| Required notice to raise rent? | 30 days | For month-to-month tenancies |
| Lease required in writing? | Yes, for leases > 1 year | Month-to-month can be oral |
| Landlord entry notice? | Adequate notice | No specific statutory timeframe; reasonable notice expected |
Security Deposits
New Hampshire law limits security deposits to the greater of one month's rent or $100. The deposit must be held in a bank account in New Hampshire, and the landlord must inform the tenant of the account details.
Landlords must return the deposit within 30 days of the tenant vacating the unit or the termination of the tenancy, whichever is later. The return must include an itemized list of any deductions.
cite: N.H. Rev. Stat. § 540-A:6
Eviction Procedures
New Hampshire requires landlords to follow specific legal procedures to evict a tenant. Self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal.
Notice Requirements
- 7-Day Notice: For nonpayment of rent; tenant has 7 days to pay or vacate
- 30-Day Notice: For termination of a month-to-month tenancy without cause (or the rental period, whichever is longer)
- 30-Day Notice: For lease violations; allows time to cure before eviction proceedings
- Immediate eviction: May be sought for situations involving substantial damage to the premises or behavior that poses a threat to the safety of others
After the notice period expires, the landlord must file a possessory action in court. A court hearing will be scheduled, and only a court order can compel a tenant to vacate.
cite: N.H. Rev. Stat. § 540:2 – § 540:3
Rent Control
New Hampshire does not have any form of rent control. Landlords may raise rent by any amount with proper notice. For month-to-month tenancies, landlords must provide at least 30 days' written notice before a rent increase takes effect.
There are no statewide or local rent control ordinances in New Hampshire.
cite: N.H. Rev. Stat. § 540-A:1 et seq.
Lease Agreements
New Hampshire does not require a written lease for tenancies of one year or less. However, any lease for longer than one year must be in writing to be enforceable. Written leases are recommended for all tenancies to protect both parties.
Required Disclosures
New Hampshire landlords must provide the following disclosures:
- Lead-based paint (pre-1978 properties)
- Security deposit location: Name and address of the bank where the deposit is held
- Move-in condition statement: A written statement of the condition of the premises at the time of move-in is recommended
- Radon: Disclosure of known radon levels, if applicable
- Name and address: Of the owner or authorized agent for receiving notices and demands
cite: N.H. Rev. Stat. § 540-A:6
Tenant Rights
New Hampshire provides important protections for tenants:
- Habitability: Landlords must maintain rental units in habitable condition, including working plumbing, heating, electricity, and structural integrity
- Retaliation protection: Landlords cannot retaliate against tenants who exercise their legal rights, such as reporting code violations or requesting repairs
- Discrimination protection: Fair housing laws prohibit discrimination based on race, color, religion, sex, national origin, age, marital status, familial status, sexual orientation, and disability
- Right to privacy: Landlords must provide adequate notice before entering a tenant's unit, except in emergencies (no specific statutory timeframe, but reasonable notice is expected)
- Utility protections: Landlords may not interrupt utility services as a means of eviction or retaliation
- Repair and deduct: Tenants may withhold rent or arrange for repairs if the landlord fails to maintain habitability after proper written notice