New Hampshire Lease Agreement Review
New Hampshire tenants get a short window at the start of a lease that matters later: five days after moving in to give the landlord a written list of existing defects. RSA 540-A:5 to 540-A:8 then control how the deposit is held, when it earns interest, and when the landlord owes double. Most New Hampshire renters have no written lease, so the rent-increase notice rule also comes up often.
Security deposit
1 month or $100 (whichever is greater)
Entry notice
Reasonable notice
Security deposits in New Hampshire
New Hampshire caps deposits at one month’s rent or $100, whichever is greater, and requires reasonable notice before entry.
New Hampshire lease law sets the limit above. Before you sign, check the deposit against it, get the amount and the return terms in writing, and watch for a deposit that exceeds what the state allows, a common and negotiable red flag.
Landlord entry and your privacy in New Hampshire
New Hampshire generally requires Reasonable notice of advance notice before a landlord enters for non-emergency reasons. A lease clause letting the landlord enter “at any time” conflicts with that and should be brought in line.
Habitability and repairs in New Hampshire
Like nearly every state, New Hampshire recognizes an implied warranty of habitability, the landlord’s duty to keep the home livable. A clause making you accept the unit “as is” or waive that warranty is generally void, and a clause shifting all repairs (including major systems) onto you is a red flag worth negotiating.
What paperwork protects a New Hampshire deposit?
If you pay by cash or money order, the landlord must give a signed receipt naming the bank where the deposit is held and noting your five-day right to list defects. At move-out the landlord has 30 days to return the deposit, plus any interest owed, or the balance after permitted deductions with an itemized list of what was deducted.
A deposit held for more than a year earns interest for you. If the landlord fails to return it, pay interest or itemize, you can sue for twice the deposit, provided you gave a forwarding address within a reasonable time. Other violations, such as taking an excess deposit or commingling funds, can bring actual damages or $1,000, whichever is greater.
How much notice comes before a New Hampshire rent increase?
A tenant without a written lease must get 30 days' written notice of a rent increase; shorter or oral notice is not valid. There is no statewide limit on the size of the increase, and a landlord generally cannot raise rent during a lease unless an escalator clause allows it. The deposit itself can rise to match the new monthly rent.
What can tenants do about serious repair problems?
Landlords must meet minimum standards under RSA 48-A:14, including heat averaging at least 65 degrees in livable rooms. Lockouts and utility shutoffs without a court order are illegal under RSA 540-A, and a tenant can file a 540-A petition in district court without a fee.
New Hampshire sources checked 2026-10-09: 603 Legal Aid, security deposits in New Hampshire · 603 Legal Aid, rent increases · 603 Legal Aid, tenants' rights overview. Laws change; confirm the current rule before relying on it.
What ClauseAudit checks in a New Hampshire lease
- Security deposit vs the New Hampshire limit, and the return terms
- Landlord entry notice against New Hampshire requirements
- Waiver of the warranty of habitability (generally void)
- Who is responsible for repairs and maintenance
- Late fees, grace periods, and any state caps
- Early-termination penalties and the duty to mitigate
New Hampshire lease FAQ
How much can a landlord charge for a security deposit in New Hampshire?
As of October 2026, the security-deposit rule in New Hampshire is: 1 month or $100 (whichever is greater). New Hampshire caps deposits at one month’s rent or $100, whichever is greater, and requires reasonable notice before entry. Deposit caps change, so confirm the current figure, ClauseAudit checks it against New Hampshire law when you run your lease.
How much notice must a landlord give before entering in New Hampshire?
In New Hampshire, a landlord generally must give Reasonable notice before entering for non-emergency reasons. Emergencies are an exception. Check that your lease’s entry clause matches or improves on that.
Can a New Hampshire lease make me waive my right to a habitable home?
In nearly every state, the implied warranty of habitability, the landlord’s duty to keep the unit livable, cannot be waived, and a clause trying to make you accept the home “as is” is generally void. Flag any such clause in a New Hampshire lease; it does not override your rights.
How much can a landlord charge as a security deposit in New Hampshire?
New Hampshire caps it: 1 month or $100 (whichever is greater). New Hampshire caps deposits at one month’s rent or $100, whichever is greater, and requires reasonable notice before entry. That figure is unusual, shared with no other jurisdiction in this dataset. A lease asking for more than the statutory maximum is asking for something the law does not allow.
Do the states next to New Hampshire treat deposits the same way?
No, and the gap can be large: Maine (2 months), Massachusetts (1 month), Vermont (No statewide cap). Deposit rules are set state by state, so a landlord operating across a state line may be working from the wrong rulebook, and a lease template borrowed from a neighbouring state may carry that state's figure rather than New Hampshire's.
Is there anything specific to New Hampshire tenants should know?
New Hampshire caps deposits at one month’s rent or $100, whichever is greater, and requires reasonable notice before entry. Both the deposit ceiling and the entry-notice period come from statute here, so a lease that contradicts either is worth questioning.
Does a New Hampshire landlord need good cause to end a month-to-month tenancy?
In most cases, yes. New Hampshire legal aid explains that a landlord generally needs good cause to evict, even a month-to-month tenant, and an eviction started within six months of a tenant reporting code violations or organizing with neighbours is presumed retaliatory unless the landlord shows another good reason.
Can I get my deposit interest without moving out of a New Hampshire rental?
Yes, every three years. You can ask for the accrued interest at least 30 days before the three-year anniversary, and the landlord then has 15 days after that tenancy year ends to pay it. Otherwise interest on a deposit held over a year is usually paid when the deposit comes back.
Have a New Hampshire lease to sign?
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Deposit rules in neighbouring states
Deposit limits are set state by state, and 3 of the 3 states bordering New Hampshire use a different one. A lease template borrowed from next door may carry the wrong figure.
Nationally: 0 of 51 jurisdictions set no statutory deposit cap, and 16 set no statutory entry-notice period.
New Hampshire landlord-tenant figures summarized as of October 2026; deposit caps and entry rules change, and localities may add their own. This is automated educational information, not legal advice. ClauseAudit verifies the current rule against New Hampshire law when you run your lease, and you should confirm anything critical with a qualified New Hampshire attorney.