Sources checked:
Quick answer. The state: deposit capped at 1 month of rent; deposit returned within 30 days; 30-day notice to end month-to-month; 7-day notice for unpaid rent; $10,000 small claims limit. 13 of 23 items are confirmed on official pages; 10 are marked not confirmed, with the page to check.
Key numbers
- Deposit limit
- 1 month's rent
- Deposit back within
- 30 days
- Month-to-month notice (landlord)
- 30 days
- Unpaid rent notice
- 7 days
- Time to answer or appear
- 7 days
- Small claims limit
- $10,000
Security deposit (6 of 6 confirmed)
Law read: RSA 540-A:5 to 540-A:8.
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ConfirmedDeposit limit
One month's rent or $100, whichever is greater (540-A:6, I(a)).
Source: New Hampshire General Court: RSA chapter 540-A, checked November 2026
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ConfirmedReturn deadline
Within 30 days after the tenancy ends: the deposit and any interest, less deductions (540-A:7, I).
Source: New Hampshire General Court: RSA chapter 540-A, checked November 2026
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ConfirmedItemized list of deductions
An itemized, specific list of damage with evidence of repair cost such as receipts or estimates; other deductions itemized with specific periods (540-A:7).
Source: New Hampshire General Court: RSA chapter 540-A, checked November 2026
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ConfirmedInterest on the deposit
For deposits held a year or more, interest at the rate the institution pays on regular savings accounts; the tenant may ask for accrued interest every three years (540-A:6, IV).
Source: New Hampshire General Court: RSA chapter 540-A, checked November 2026
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ConfirmedWhere the deposit is held
In trust, not mixed with the landlord's own money; may be pooled in one trust account at a state bank, savings and loan or credit union, or a bond filed with the local clerk instead. A signed receipt states where it's held (540-A:6, I-II).
Source: New Hampshire General Court: RSA chapter 540-A, checked November 2026
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ConfirmedPenalty the law states
Twice the deposit plus interest, less payments and lawful deductions, for failing to comply with 540-A:6, IV or 540-A:7 (540-A:8, I(b)).
Source: New Hampshire General Court: RSA chapter 540-A, checked November 2026
Who the deposit rules cover: Doesn't cover someone renting a single-family home who owns no other rental property, or units in an owner-occupied building of five units or fewer, except units occupied by a person 60 or older (540-A:5, I).
More: Security deposit rules by state · Deposit return deadline calculator
Notice periods (3 of 6 confirmed)
What the official text says about each notice. Cities and counties can add their own notice, just-cause or rent rules. Check local rules too.
| Notice | Rule | Source |
|---|---|---|
| Ending month-to-month (landlord) | For residential tenancies, 30 days' notice. Restricted property may be ended only for the reasons in RSA 540:2. | Source: New Hampshire General Court: RSA Chapter 540 (Actions against tenants), checked November 2026 (RSA 540:2; 540:3) |
| Ending month-to-month (tenant) | Not confirmed — check New Hampshire General Court: RSA Chapter 540 (Actions against tenants). Not in RSA 540. Check the lease. | |
| Rent increase notice | Refusing a rent increase is grounds for eviction only after written notice of the amount and effective date at least 30 days before. | Source: New Hampshire General Court: RSA Chapter 540 (Actions against tenants), checked November 2026 (RSA 540:2, IV) |
| Unpaid rent notice | 7 days' notice for nonpayment. A tenant can stop the case by paying all rent due plus $15 and costs, up to 3 times in 12 months. | Source: New Hampshire General Court: RSA Chapter 540 (Actions against tenants), checked November 2026 (RSA 540:3; 540:9) |
| Entry notice | Not confirmed — check New Hampshire General Court: RSA Chapter 540 (Actions against tenants). Not in RSA 540. Check RSA 540-A. | |
| Late fee limits | Not confirmed — check New Hampshire General Court: RSA Chapter 540 (Actions against tenants). Not in RSA 540. Check the lease. |
More: Notice periods by state · Notice date calculator
Eviction case, in order (3 of 10 confirmed)
- Notice before filing The written notice comes first; its length is in the notice table above.
Unpaid rent: 7 days' notice for nonpayment. A tenant can stop the case by paying all rent due plus $15 and costs, up to 3 times in 12 months.
- Filing the case Where the case goes and what it costs to start.
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ConfirmedCourt
The Circuit Court District Division serving the town.
The Writ must be filed in the Circuit Court - District Division with jurisdiction over the town
Source: New Hampshire Circuit Court Service Center: Landlord and Tenant Information Sheet (01/01/2021), checked November 2026
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Not confirmedFiling fee
Not confirmed — check New Hampshire Circuit Court Service Center: Landlord and Tenant Information Sheet (01/01/2021). Not confirmed on an official page we opened.
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- The tenant's answer or appearance
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ConfirmedTime to answer or appear
The tenant files an appearance by the return day, 7 days after the sheriff serves the writ; from October 8, 2026 an answer is also due within 5 days after the return date.
returnable 7 days from the date of service of the writ by the sheriff
Source: New Hampshire RSA 540:13: Writ; service; discovery; record; default, checked November 2026
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- Hearing or trial
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Not confirmedHearing after filing
Not confirmed — check New Hampshire Circuit Court Service Center: Landlord and Tenant Information Sheet (01/01/2021). Not confirmed on an official page we opened.
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- Judgment and the writ The order that lets the officer act.
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Not confirmedJudgment to writ
Not confirmed — check New Hampshire Circuit Court Service Center: Landlord and Tenant Information Sheet (01/01/2021). Not confirmed on an official page we opened.
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- Lockout Carried out by an officer, not by either side.
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Not confirmedWrit to lockout
Not confirmed — check New Hampshire Circuit Court Service Center: Landlord and Tenant Information Sheet (01/01/2021). Not confirmed on an official page we opened.
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Not confirmedWho carries out the lockout
Not confirmed — check New Hampshire Circuit Court Service Center: Landlord and Tenant Information Sheet (01/01/2021). Not confirmed on an official page we opened.
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- Along the way Paying to stop the case, counsel and diversion programs.
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ConfirmedPaying to stop the case
In a nonpayment case the tenant can avoid eviction by paying all back rent plus $15 in damages before the deadline.
by paying all back rent, plus $15 in damages, to the landlord.
Source: New Hampshire Circuit Court Service Center: Landlord and Tenant Information Sheet (01/01/2021), checked November 2026
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Not confirmedRight to counsel (statewide)
Not confirmed — check New Hampshire Circuit Court Service Center: Landlord and Tenant Information Sheet (01/01/2021). Not confirmed on an official page we opened.
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Not confirmedDiversion or mediation (statewide)
Not confirmed — check New Hampshire Circuit Court Service Center: Landlord and Tenant Information Sheet (01/01/2021). Not confirmed on an official page we opened.
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The tenant asks for a hearing by filing an appearance by the end of the return day; a hearing is then usually set within about 10 days.
Example: a case filed Monday, March 1, 2027
The earliest date of each stage the confirmed rules allow, from our eviction timeline estimator. Earliest under the statute; courts' calendars often take longer.
| Stage | Earliest date |
|---|---|
| Case filed | Monday, March 1, 2027 |
| Answer due (if served the day of filing) | Monday, March 8, 2027 |
More: Eviction process timeline by state · Eviction timeline estimator
Deposit disputes: small claims
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ConfirmedSmall claims limit (for a deposit dispute)
$10,000: the most a small claims case can ask for.
RSA 503:1 and Circuit Court District Division Rule 4.1: small claims limit is $10,000 (excluding interest and costs); claiming more waives the excess. Mediation is mandatory for claims over $5,000 and voluntary at $5,000 or less. Defendant may request jury trial (transfer to superior court) when claim exceeds $1,500.
Filing fee to start a case: $5 to $60.
Source: NH Judicial Branch: Civil Cases (District Division), checked November 2026
More: New Hampshire small claims court
Still to confirm
- Ending month-to-month (tenant): check New Hampshire General Court: RSA Chapter 540 (Actions against tenants)
- Entry notice: check New Hampshire General Court: RSA Chapter 540 (Actions against tenants)
- Late fee limits: check New Hampshire General Court: RSA Chapter 540 (Actions against tenants)
- Filing fee: check New Hampshire Circuit Court Service Center: Landlord and Tenant Information Sheet (01/01/2021)
- Hearing after filing: check New Hampshire Circuit Court Service Center: Landlord and Tenant Information Sheet (01/01/2021)
- Judgment to writ: check New Hampshire Circuit Court Service Center: Landlord and Tenant Information Sheet (01/01/2021)
- Writ to lockout: check New Hampshire Circuit Court Service Center: Landlord and Tenant Information Sheet (01/01/2021)
- Who carries out the lockout: check New Hampshire Circuit Court Service Center: Landlord and Tenant Information Sheet (01/01/2021)
- Right to counsel (statewide): check New Hampshire Circuit Court Service Center: Landlord and Tenant Information Sheet (01/01/2021)
- Diversion or mediation (statewide): check New Hampshire Circuit Court Service Center: Landlord and Tenant Information Sheet (01/01/2021)
New Hampshire kit
New Hampshire Landlord Compliance Kit
This page as a printable checklist with every source link and check date, a move-in and move-out deposit checklist with the state return deadline, a notice calendar, an eviction timeline sheet, and an Excel workbook with a tenant notice log, a deposit tracker that works out the return date, and a rent ledger.
Kits for any state: Security Deposit Kit for Landlords and Tenants ($15) · Landlord-Tenant Notice Organizer ($15) · Eviction Case File Organizer ($15)
General information, not legal advice. We are not lawyers, and MCC Solutions is not a law firm. The same rules apply whichever side of the lease you are on; this page describes them and doesn't take a side. Rules change, cities and counties can add their own, a lease can add terms, and the official source has the final word.
Common questions
How much can a security deposit be in New Hampshire?
One month's rent or $100, whichever is greater (540-A:6, I(a)).
How long does a New Hampshire landlord have to return a deposit?
Within 30 days after the tenancy ends: the deposit and any interest, less deductions (540-A:7, I). What goes with it: An itemized, specific list of damage with evidence of repair cost such as receipts or estimates; other deductions itemized with specific periods (540-A:7).
How much notice ends a month-to-month tenancy in New Hampshire?
From the landlord: For residential tenancies, 30 days' notice. Restricted property may be ended only for the reasons in RSA 540:2.
What notice comes before an unpaid-rent case in New Hampshire?
7 days' notice for nonpayment. A tenant can stop the case by paying all rent due plus $15 and costs, up to 3 times in 12 months.
How long does an eviction case take in New Hampshire?
Time to answer or appear: 7 days. These are the stated rules; the court's calendar often takes longer.
Can a New Hampshire deposit dispute go to small claims court?
The small claims limit in our data: $10,000: the most a small claims case can ask for. The court's own page explains what kinds of cases it hears.
How much notice before a landlord enters a rental in New Hampshire?
Not confirmed in our data files. Check New Hampshire General Court: RSA Chapter 540 (Actions against tenants) (https://gc.nh.gov/rsa/html/lv/540/540-mrg.htm).
Related: Landlord rules by state · Kits for landlords