How much a landlord can charge, and which deductions are actually legal
This page covers how much a landlord may charge in New Hampshire, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.
It does not cover:
One month's rent (no more than one month's rent or $100, whichever is greater, may be collected beyond the first month's rent) — § 540-A:6(I).
Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.
| Claimed deduction | Permitted in New Hampshire |
|---|---|
| Damages beyond reasonable wear and tear (with itemized list + evidence) | Permitted, if substantiated |
| Unpaid rent | Permitted, if substantiated |
| Tenant's agreed share of real estate tax increases | Permitted, if substantiated |
| Other lawful charges due under the lease | Permitted, if substantiated |
| Claimed deduction | Permitted in New Hampshire |
|---|---|
| Reasonable wear and tear | Not permitted |
| Any damage deduction without the itemized list and repair evidence | Not permitted |
Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.
The landlord must itemize each deduction with particularity and provide satisfactory evidence of repairs. Reasonable wear and tear is not deductible. The tenant must show the tenancy is covered by RSA 540-A to unlock the 2x remedy.
In New Hampshire the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. N.H. Rev. Stat. Ann. § 540-A:7(I) ↗
A landlord who withholds in bad faith may be liable for 2x the full deposit.
A landlord who fails to comply with the interest or return requirements (RSA 540-A:6(IV) or 540-A:7) is liable for TWICE the sum of the deposit plus interest due, LESS any payments already made and any legitimate charges owed (unpaid rent, tax share, lawful charges). NOTE: RSA 540-A does not apply to small landlords (single-family self-occupied, 5-or-fewer-unit owner-occupied buildings except 60+ tenants, vacation/recreational rentals).
N.H. Rev. Stat. Ann. § 540-A:8 ↗For violating the return or interest requirements, a covered landlord owes twice the deposit plus interest, less lawful charges — a strong remedy, subject to the small-landlord exemption.
N.H. Rev. Stat. Ann. § 540-A:8 ↗A landlord holding a deposit for one year or longer must pay interest at the regular savings-account rate of the depository institution, and must disclose account details on request.
N.H. Rev. Stat. Ann. § 540-A:6(IV) ↗““I'm exempt as a small landlord.””
If you rent a single-family home with no other rentals, or an owner-occupied building of 5 or fewer units (and I'm under 60), the 2x penalty may not apply — but you still owe my deposit under our contract.
N.H. Rev. Stat. Ann. § 540-A:8
““You never gave me a forwarding address.””
Here is my forwarding address now. A landlord is not liable for non-return only if no address was provided; I am providing it in writing.
N.H. Rev. Stat. Ann. § 540-A:8
““I deducted for carpet damage.””
You must provide a written, itemized list with particularity and satisfactory evidence (receipts, estimates, invoices) for each repair. Reasonable wear and tear is not deductible.
N.H. Rev. Stat. Ann. § 540-A:7
Some widely circulated summaries of New Hampshire deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.
| Source | What it says |
|---|---|
| Some summaries | 2x the full deposit |
| N.H. Rev. Stat. Ann. § 540-A:8 | 2x (deposit + interest) less payments and lawful charges |
What we follow: 2x (deposit + interest) less lawful charges
The statute deducts amounts already paid and lawful charges (unpaid rent, tax share, lease charges) before applying the 2x multiplier.
Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.
| Statute | Last verified | Source |
|---|---|---|
| N.H. Rev. Stat. Ann. § 540-A:7(I) | 2026-10-15 | official text ↗ |
| N.H. Rev. Stat. Ann. § 540-A:8 | 2026-10-15 | official text ↗ |
| N.H. Rev. Stat. Ann. § 540-A:6(IV) | 2026-10-15 | official text ↗ |
Primary reference: N.H. Rev. Stat. Ann. §§ 540-A:6 to 540-A:8 (Security Deposits). Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.
A self-help letter is the right starting point for a single deposit you can document. Get legal help if:
Local legal aid organisations and tenant unions offer free help for qualifying cases. They are independent of this site — we list them because they are the right place to go, not because they link here.
New Hampshire Security Deposit Return
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The statute does not permit deductions for: reasonable wear and tear; any damage deduction without the itemized list and repair evidence.
The landlord. The landlord must itemize each deduction with particularity and provide satisfactory evidence of repairs. Reasonable wear and tear is not deductible. The tenant must show the tenancy is covered by RSA 540-A to unlock the 2x remedy.
One month's rent (no more than one month's rent or $100, whichever is greater, may be collected beyond the first month's rent) — § 540-A:6(I).
No. Reasonable wear and tear