New Hampshire Security Deposit Rules (2026): 30 Days, the Five-Day List and Deductions

New Hampshire’s security deposit law is short but specific. It caps deposits, sets a 30-day deadline for their return, requires landlords to back up deductions with receipts or estimates, and gives tenants a five-day window at move-in that many people miss. This guide explains the rules in plain English and how to move out so cleaning and damage charges stay off your statement. It is general information, not legal advice; check the current statute (RSA 540-A) or speak to a lawyer about your own situation.

New Hampshire deposit rules at a glance

• Cap: one month’s rent or $100, whichever is greater
• Receipt: the landlord must give you a receipt that names the bank where the deposit is held, or says a bond has been posted, and tells you about your right to list existing damage
• Five-day list: you have five days after moving in to give the landlord a written list of defects and damage already there
• Interest: if the landlord holds the deposit for more than a year, interest is owed
• Return deadline: 30 days after the tenancy ends
• Deductions: unpaid rent, damage beyond normal wear and tear and, where the lease allows, a share of property tax increases, itemized with receipts, estimates or contracts
• Penalty: a landlord who willfully fails to follow the rules or wrongfully withholds a deposit can owe damages beyond the deposit itself; check RSA 540-A:8 for the current amounts

The five-day list

This is the most useful tenant right in New Hampshire deposit law and the one most often missed. Within five days of moving in, write down every defect and bit of damage you find, room by room, sign and date it, give a copy to the landlord and keep one yourself. Add dated photos and video. At move-out, that list is your proof of what was already there, and a landlord should not charge you for it.

What a landlord can deduct

The statute allows deductions for unpaid rent, for damage to the property beyond normal wear and tear, and for a share of property tax increases if your lease says so. Each deduction must be itemized, and repair costs must be backed by receipts, estimates or contracts. The law does not list cleaning separately. In practice, a unit left with a greasy oven, a dirty fridge or bathrooms that need scrubbing invites a claim that it was left damaged or not in its original condition, while ordinary dust after moving out should not. The easy way to avoid the argument is to leave the home clean and photograph it.

Typical New Hampshire move-out items

Usually wear and tear	Can lead to a deduction
Faded or lightly scuffed paint	Holes, marker or unapproved paint
Worn carpet in walkways	Burns, pet stains, tears
Light dust after moving out	Heavy grease, filthy appliances
Minor scratches on floors	Gouges, water damage from neglect
Old well-water staining noted at move-in	New damage to fixtures or tubs

Interest on long tenancies

If you rent the same home for more than a year, the landlord owes interest on the deposit. The amount depends on how and where the deposit is held, and it is paid when the deposit is returned, or on request at the end of each year. Ask the landlord how interest is handled if your receipt does not say.

Who the rules cover

RSA 540-A applies to most residential landlords. A few small, owner-occupied rentals may be exempt from parts of it, and seasonal and vacation rentals can be treated differently. If you rent a room in someone’s home, or a cottage for the season, read the agreement carefully and ask how the deposit will be handled.

A move-out plan that protects your deposit

• Three weeks out: find your five-day list and move-in photos, and book a move-out clean for the day after the movers
• Two weeks out: give your forwarding address in writing
• The day before: defrost and empty the fridge and freezer
• Moving day: remove everything, including the basement, garage, shed and porch; take bulky items to the transfer station or book a pickup
• Cleaning day: kitchen and appliances, bathrooms, floors, windows, entry and mudroom, and the woodstove hearth if there is one; then photograph each room
• Keys: return them in a way you can prove, and note the date

What New Hampshire landlords check first

After the oven and bathrooms, New Hampshire landlords look at the things the climate leaves behind: sand and salt ground into entry floors and carpets, mud in the mudroom, ash around a woodstove or pellet stove, and mildew in basements. In homes on well water, they also look at tubs and toilets, so if staining was there at move-in, make sure it is on your five-day list. Our move-out cleaning starts at $190, with inside appliances from $40 each and carpet cleaning from $45 a room.

Students and shared houses

Many rentals around Durham and Dover are shared by students, with leases that end in late May. Every tenant on a joint lease usually shares responsibility for the condition of the whole unit, so one roommate’s mess can come out of everyone’s deposit. Agree early who cleans what, or book one professional move-out clean after the last person leaves and split the cost. Make sure every roommate gives the landlord a forwarding address.

Don’t treat the deposit as last month’s rent

Skipping the last month’s rent and telling the landlord to keep the deposit usually backfires. The deposit is then used for rent, nothing is left for any legitimate deductions, and the landlord can still pursue you for those costs. Pay the final month and let the deposit come back to you, with your move-in list and photos as protection.

A simple forwarding-address letter

Include your name, the rental address, the date you moved out and returned the keys, your new mailing address, and a request that the deposit be returned under RSA 540-A. Send it by email and by mail, keep a copy, and send an update if your address changes again.

Keep a simple paper trail

Keep one folder with the lease, the deposit receipt, your five-day list and move-in photos, any repair requests you sent, your move-out photos, the cleaning receipt and proof of when you sent your forwarding address and returned the keys. Most disputes are settled by whichever side has the better record, and this folder takes ten minutes to put together.

If your deposit isn’t returned

If 30 days pass with no refund and no itemized statement, write to the landlord with the date you moved out, your forwarding address and the amount owed, and cite RSA 540-A. Keep copies. If that fails, small claims court handles most deposit disputes in New Hampshire, and a landlord who wrongfully withholds a deposit can owe more than the deposit itself. New Hampshire Legal Assistance and the Attorney General’s consumer protection pages explain the steps.

What to do next

Get a free quote with your move date, or see move-out cleaning in New Hampshire, including Nashua, Dover, Portsmouth and Durham.