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Security Deposit Return in New Hampshire

September 27, 2026 · LawDiver Research Team

If you only remember one point about getting a security deposit back in New Hampshire, remember this: The cap is 1 month's rent or $100, whichever is greater (pet deposits may be additional). The return deadline is 30 days after termination of the tenancy / surrender of possession, with an itemized list of deductions. Interest: Yes — landlords must pay interest on security deposits. Procedure, examples, and the opinions below hang off N.H. Rev. Stat. Ann. §§ 540-A:5 to 540-A:8. Wrongful withholding can support double damages plus attorney fees under RSA 540-A.

Interest and accounting

Yes — landlords must pay interest on security deposits.

Walking through New Hampshire facts

Use this walkthrough to see which New Hampshire authority does the work at each step.

A residential tenant moves out of a New Hampshire rental and the landlord has not returned the deposit.

Check the cap that applied when the deposit was collected: 1 month's rent or $100, whichever is greater (pet deposits may be additional).
Calendar the return deadline: 30 days after termination of the tenancy / surrender of possession, with an itemized list of deductions
Interest, if any: Yes — landlords must pay interest on security deposits.
If the landlord keeps money without the required accounting: Wrongful withholding can support double damages plus attorney fees under RSA 540-A.

New Hampshire caps most deposits at one month’s rent, requires interest, and mandates return with itemization within 30 days. Double damages apply for wrongful withholding. Circuit Court — District Division handles many disputes.

Penalties for wrongful withholding

Wrongful withholding can support double damages plus attorney fees under RSA 540-A.

Practical process for tenants and landlords

Document the unit with dated photos or video at move-in and move-out, keep the lease and any inspection checklist, and send a dated written demand if the deadline passes without a lawful accounting.

Case law: security deposits in New Hampshire

Jacob M. Atwood v. Stephen D. and Kristie L. Owens

Jacob M. Atwood v. Stephen D. and Kristie L. Owens, 142 N.H. 396 (1997)

…d, did not violate RSA 540-A:6 (1997) by requiring a $5,000 security deposit pursuant to a rental agreement (agreement) with the defendants. We affirm. Because the defendants failed to provide this court with a record and transcript of the hearing, we assume that the evidence was sufficient to support the result reached by the trial court. *397Accordingly, we review the superio…

On security deposits, Jacob M. Atwood v. Stephen D. and Kristie L. Owens speaks to the New Hampshire dispute in this passage: "RSA 540-A:6 (1997) by requiring a $5,000 security deposit pursuant to a rental agreement (agreement) with the defendants. We affirm." The surrounding opinion shows how the court applied that language to the record.

Joseph Miller v. Slania Enterprises, Inc.

Joseph Miller v. Slania Enterprises, Inc., 150 N.H. 655 (2004)

…charges the landlord was making against the tenants’ $2,000 security deposit. Because the charges exceeded $2,000, no part of the tenants’ security deposit was returned to them. The plaintiff sued for breach of the covenant of quiet enjoyment, violation of the Consumer Protection Act, improper security deposit deductions, and unjust enrichment. The landlord counterclaimed for d…

On security deposits, Joseph Miller v. Slania Enterprises, Inc. speaks to the New Hampshire dispute in this passage: "Because the charges exceeded $2,000, no part of the tenants’ security deposit was returned to them. The plaintiff sued for breach of the covenant of quiet enjoyment, violation of the Consumer Protection Act, improper security deposit deductions, and unjust enrichment." The surrounding opinion shows how the court applied that language to the record.

Daniel Zorn & A. v. George Demetri & A.

Daniel Zorn & A. v. George Demetri & A., 158 N.H. 437 (2009)

…to the first month’s rent, the plaintiffs paid $10,000 as a security deposit. After the plaintiffs vacated the single-family home in 2007, they brought suit alleging, inter alia, violations of RSA 540-A.-6 (2007), which governs security deposits. The trial court ruled that because the defendants were not landlords as defined in RSA 540-A:5, I, the statutory provisions governing…

New Hampshire opinions such as Daniel Zorn & A. v. George Demetri & A. are cited where security deposits is disputed. The court stated: "After the plaintiffs vacated the single-family home in 2007, they brought suit alleging, inter alia, violations of RSA 540-A.-6 (2007), which governs security deposits." That is the language to brief; the rest of the decision supplies the procedural posture.

Mary Evans v. J Four Realty, LLC

Mary Evans v. J Four Realty, LLC, 164 N.H. 570 (2013)

…der these circumstances, we held that the statute regarding security deposits for residential premises did not apply. Id. at 396, 399; see RSA 540-A:6 (2007). In the instant case, by contrast, the sole purpose of the petitioner’s tenancy was residential. She, unlike the tenants in Atwood, rented only a residential unit; she did not rent the commercial property in which the resi…

New Hampshire opinions such as Mary Evans v. J Four Realty, LLC are cited where security deposits is disputed. The court stated: "Id. at 396, 399; see RSA 540-A:6 (2007). In the instant case, by contrast, the sole purpose of the petitioner’s tenancy was residential." That is the language to brief; the rest of the decision supplies the procedural posture.

Stephen Hynes, as Trustee for Holiday Acres Joint Venture Trust d/b/a Holiday Acres Mobile Home Park v. Karen D

Stephen Hynes, as Trustee for Holiday Acres Joint Venture Trust d/b/a Holiday Acres Mobile Home Park v. Karen D, 146 N.H. 533 (2001)

…rohibits a manufactured housing park owner from requiring a security deposit of more than one month’s rent. RSA 205-A:8 prohibits a park owner from compelling a tenant to purchase manufactured housing equipment from any particular vendor. The board is also empowered to adopt rules relative to its administration over these subdivisions, subject to the approval of the bureau chie…

New Hampshire opinions such as Stephen Hynes, as Trustee for Holiday Acres Joint Venture Trust d/b/a Holiday Acres Mobile Home Park v. Karen D are cited where security deposits is disputed. The court stated: "RSA 205-A:8 prohibits a park owner from compelling a tenant to purchase manufactured housing equipment from any particular vendor." That is the language to brief; the rest of the decision supplies the procedural posture.

Joseph W. Geldhof v. Penwood Associates

Joseph W. Geldhof v. Penwood Associates, 119 N.H. 754 (1979)

…8 (Supp. 1977), which requires landlords to pay interest on security deposits, affects deposits tendered under lease agreements executed prior to the effective date of the statute. We hold that it does not. Mr. and Mrs. Joseph Geldhof rented an apartment from Penwood Associates, Inc., on September 11,1976. The parties executed a lease under which the tenant gave the landlord $1…

New Hampshire opinions such as Joseph W. Geldhof v. Penwood Associates are cited where security deposits is disputed. The court stated: "Supp. 1977), which requires landlords to pay interest on security deposits, affects deposits tendered under lease agreements executed prior to the effective date of the statute. We hold that it does not. Mr. and Mrs. Joseph Geldhof rented an apartment from Penwood Associates, Inc." That is the language to brief; the rest of the decision supplies the procedural posture.

Larry D. Thomas v. Edgar and Beverly Crete

Larry D. Thomas v. Edgar and Beverly Crete, 141 N.H. 708 (1997)

…A chapter 358-A (1995) for failure to properly maintain his security deposit. In October 1994, the defendants filed a counterclaim in the small claims action for back rent, damages to the premises, and attorney’s fees. Following an evidentiary hearing, the district court awarded judgment for the *709plaintiff in the amount of $962.65. The district court also awarded judgment on…

Larry D. Thomas v. Edgar and Beverly Crete is worth reading on New Hampshire security deposits because the court put the point in its own words: "A chapter 358-A (1995) for failure to properly maintain his security deposit. In October 1994, the defendants filed a counterclaim in the small claims action for back rent, damages to the premises, and attorney’s fees." Use that passage as the starting point, then read the facts that precede it.

Patrick Cantwell v. J & R Properties Unlimited, Inc.

Patrick Cantwell v. J & R Properties Unlimited, Inc., 155 N.H. 508 (2007)

…ended 2006) by failing to give him a signed receipt for his security deposit. We affirm in part, reverse in part, vacate in part and remand. The record supports the following: In April 2003, the plaintiff and four others entered into an agreement with the defendant to rent residential property in Hanover. Under its terms, the plaintiff and his co-tenants gave the defendant $4,3…

On security deposits, Patrick Cantwell v. J & R Properties Unlimited, Inc. speaks to the New Hampshire dispute in this passage: "We affirm in part, reverse in part, vacate in part and remand. The record supports the following: In April 2003, the plaintiff and four others entered into an agreement with the defendant to rent residential property in Hanover." The surrounding opinion shows how the court applied that language to the record.

Key takeaways

Maximum deposit: 1 month's rent or $100, whichever is greater (pet deposits may be additional)
Return deadline: 30 days after termination of the tenancy / surrender of possession, with an itemized list of deductions
Interest: Yes — landlords must pay interest on security deposits.
Penalties: Wrongful withholding can support double damages plus attorney fees under RSA 540-A.
Primary authority: N.H. Rev. Stat. Ann. §§ 540-A:5 to 540-A:8.

Deposit limits in New Hampshire

1 month's rent or $100, whichever is greater (pet deposits may be additional)

When the deposit must be returned

30 days after termination of the tenancy / surrender of possession, with an itemized list of deductions

Frequently asked questions

How much can a landlord charge for a security deposit in New Hampshire?