New Hampshire Landlord-Tenant Laws (2026)
Last reviewed: July 2026
New Hampshire caps deposits at one month's rent (or $100 if greater) and requires return within 30 days. Its most distinctive feature is that landlords generally need statutory good cause, like nonpayment, damage, or a business reason, to evict, even from month-to-month tenancies. Nonpayment cases start with a 7-day notice to quit.
General information, not legal advice. Verify with the current statute or a local attorney before acting.
New Hampshire landlord-tenant rules at a glance
| Security deposit limit | 1 month's rent or $100, whichever is greater |
|---|---|
| Deposit return deadline | 30 days |
| Notice to enter | Notice adequate under the circumstances (no fixed hour rule) |
| Rent control | Preempted/none |
| Eviction notice (nonpayment) | 7-day notice to quit |
| Late fee rule | No statutory cap, must be reasonable and stated in the lease |
| Month-to-month termination | 30 days, but landlords need statutory good cause to evict |
| Governing statute | New Hampshire Landlord-Tenant Law (RSA Ch. 540 and 540-A) |
Security deposits in New Hampshire
The deposit rule in New Hampshire is: 1 month's rent or $100, whichever is greater. After the tenancy ends, the landlord must return the deposit within 30 days, typically with an itemized statement for any amounts withheld. Deductions are limited to unpaid rent, damage beyond normal wear and tear, and other charges the statute or lease allows — routine repainting and carpet aging from ordinary use generally cannot be charged to the tenant. Both parties should document the unit’s condition at move-in and move-out; disputes usually turn on that evidence.
Landlord entry and tenant privacy
New Hampshire’s entry rule is: Notice adequate under the circumstances (no fixed hour rule). Entry is generally limited to legitimate purposes such as repairs, inspections, and showings, and emergencies allow immediate entry everywhere. Where the statute is silent or vague, courts fall back on the tenant’s right to quiet enjoyment, so landlords should give written notice and enter at reasonable hours regardless of the statutory minimum.
Rent increases and rent control
Rent control status in New Hampshire: Preempted/none. Even without rent control, a landlord cannot raise rent mid-lease unless the lease allows it, and periodic tenancies require proper advance notice of an increase — commonly the same notice period used to terminate (30 days, but landlords need statutory good cause to evict in New Hampshire). Retaliatory increases after a tenant exercises a legal right are prohibited in most states.
Eviction process overview
For unpaid rent, New Hampshire requires: 7-day notice to quit. If the tenant does not pay or leave, the landlord files an eviction case (the name varies: unlawful detainer, summary process, forcible entry and detainer), serves the tenant, and attends a hearing. Only a court judgment followed by a sheriff or constable can remove a tenant — lockouts and utility shutoffs are illegal in every state. Timelines vary from a few weeks to several months depending on court backlog and whether the tenant contests the case.
Late fees
New Hampshire’s late fee rule: No statutory cap, must be reasonable and stated in the lease. Even where no statutory cap exists, courts can strike down fees that operate as penalties rather than reasonable estimates of the landlord’s actual cost, and the fee must appear in the written lease to be enforceable.
Ending a lease or month-to-month tenancy
To end a month-to-month tenancy in New Hampshire, the required notice is: 30 days, but landlords need statutory good cause to evict. Fixed-term leases end on their own schedule unless renewed, though some states and cities require just cause or additional notice even at lease end. Notice should always be written, dated, and delivered by a method the statute recognizes.
Is New Hampshire landlord-friendly or tenant-friendly?
New Hampshire is generally considered tenant-friendly. New Hampshire is one of the few states requiring statutory good cause for most evictions, alongside a 1-month deposit cap for larger landlords.
Official source
The governing law is the New Hampshire Landlord-Tenant Law (RSA Ch. 540 and 540-A). Read the current text at the state’s official legislative site: https://www.gencourt.state.nh.us/rsa/html/nhtoc.htm.
New Hampshire landlord-tenant law FAQs
- How much can a landlord charge for a security deposit in New Hampshire?
- Security deposits in New Hampshire are governed by the New Hampshire Landlord-Tenant Law (RSA Ch. 540 and 540-A). The deposit rule is: 1 month's rent or $100, whichever is greater. After the tenancy ends, the landlord must return the deposit (minus properly documented deductions) within 30 days. Landlords who miss the deadline or take undocumented deductions can owe the tenant damages, so both sides should document the unit's condition at move-in and move-out and keep an itemized statement of any charges. Deposit rules are amended fairly often, so verify the current statute before relying on a specific number.
- How much notice does a landlord have to give before evicting for unpaid rent in New Hampshire?
- For nonpayment of rent, New Hampshire requires: 7-day notice to quit. That notice is only the first step, a landlord cannot legally remove a tenant without then filing an eviction case and winning a court judgment, and self-help evictions (changing locks, shutting off utilities) are prohibited. Local courts and city ordinances can add procedural steps, so check the New Hampshire Landlord-Tenant Law (RSA Ch. 540 and 540-A) and local rules before starting an eviction.
- Can a landlord enter a rental property without permission in New Hampshire?
- New Hampshire's entry rule is: Notice adequate under the circumstances (no fixed hour rule). Genuine emergencies (fire, flooding, gas leaks) are a standard exception in every state, and lease clauses can add detail but generally cannot strip a tenant's right to quiet enjoyment. For ending a month-to-month tenancy, New Hampshire requires 30 days, but landlords need statutory good cause to evict of notice. When in doubt, put entry requests and termination notices in writing and confirm the current rule in the New Hampshire Landlord-Tenant Law (RSA Ch. 540 and 540-A).
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Related Lofty resources
- Rental property calculator — model cash flow with New Hampshire vacancy and eviction-cost assumptions.
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This page is general information, not legal advice. Laws change — verify with the current statute or a local attorney before acting. Rules reflect widely documented statutes as of July 2026; cities and counties in New Hampshire may add their own requirements.