Last reviewed September 2026
Written by LawLease Editorial
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New Hampshire Rent-to-Own Agreement
This Rent-to-Own Agreement is built with New Hampshire as the governing state. These are the New Hampshire landlord-tenant rules that most often bear on it, with the statute for each.
New Hampshire rules at a glance
| Security deposit limit | 1 month’s rent or $100, whichever is greaterRSA 540-A:6, I |
|---|---|
| Deposit return | 30 days, with interest due and an itemized list of damagesRSA 540-A:7 |
| Deposit interest | Owed once the deposit is held a year or more, at the bank’s savings rateRSA 540-A:6, IV |
| Deposit receipt | A signed receipt stating the amount and where the deposit or bond is held, unless the deposit was paid by check (RSA 540-A:6, I(b)–(c)). |
| Transfer of deposit | If the property is sold, the deposit passes to the new owner within 5 days and the tenant must be told by registered or certified mail who holds it (RSA 540-A:6, III). |
| Deposit rights | Any lease clause purporting to waive the tenant’s security-deposit rights is void (RSA 540-A:8, III). |
Security deposits in New Hampshire
A New Hampshire landlord may not demand or receive a security deposit of more than one month’s rent or $100, whichever is greater (RSA 540-A:6, I(a)). The statute treats any money beyond the monthly rent that a tenant pays for any purpose as a security deposit (RSA 540-A:5, II).
The deposit rules don’t apply to someone who rents out a single-family home and owns no other rental property, or who rents units in an owner-occupied building of five units or fewer — except for any unit occupied by a tenant aged 60 or older (RSA 540-A:5, I).
- Receipt & condition list — On receiving a deposit (other than by check), the landlord must give a signed receipt stating the amount and where it’s held. In every case the landlord must tell the tenant in writing that a list of conditions needing repair should be given to the landlord within 5 days of occupancy (RSA 540-A:6, I(b)–(c)).
- Held in trust — The deposit remains the tenant’s money, can’t be commingled with the landlord’s own funds, and must be kept in a New Hampshire bank, savings and loan or credit union — or covered by a bond posted with the town or city clerk (RSA 540-A:6, II).
- Interest — A deposit held for a year or longer earns interest at the rate paid on regular savings accounts at the institution holding it; on request the landlord must disclose the institution, account and rate (RSA 540-A:6, IV).
- Return — Within 30 days after the tenancy ends, the landlord must return the deposit and any interest due, with a written itemized list of damages (excluding reasonable wear and tear) that describes each repair and includes evidence such as receipts or estimates (RSA 540-A:7).
- Penalty — Failing to return the deposit or pay interest on time makes the landlord liable for twice the deposit plus interest, less lawful deductions. Any lease clause waiving these rights is void (RSA 540-A:8).
Rent, late fees & rent increases
New Hampshire has no statute capping residential late fees or limiting how much rent can rise. A late fee is enforceable because the lease provides for it.
- Rent-increase notice — For most rentals, a tenant’s refusal to accept a rent increase is “good cause” for eviction only if the landlord gave written notice of the new amount and its effective date at least 30 days beforehand (RSA 540:2, IV).
- Paying to stop an eviction — A nonpayment case must be dismissed if, before the hearing, the tenant pays all rent due plus other lawful lease charges, $15 in liquidated damages and the landlord’s filing and service costs. A tenant can use this right no more than 3 times in 12 months (RSA 540:9).
- Application fees — Since January 2025 the landlord must disclose any application fee and screening requirements in writing before collecting it, and refund anything beyond actual screening and reasonable administrative costs to an applicant who isn’t offered the unit, within 30 days (RSA 540-A:3, VIII).
Required disclosures in New Hampshire
- Deposit receipt — A signed receipt stating the amount and where the deposit or bond is held, unless the deposit was paid by check (RSA 540-A:6, I(b)–(c)).
- 5-day condition list notice — Written notice that the tenant should list any conditions needing repair within 5 days of occupancy (RSA 540-A:6, I(c)).
- Transfer of deposit — If the property is sold, the deposit passes to the new owner within 5 days and the tenant must be told by registered or certified mail who holds it (RSA 540-A:6, III).
- Lead-based paint — Federal disclosure and EPA pamphlet for housing built before 1978 (42 U.S.C. §4852d).
Tenant protections you can’t waive
- No lockouts — A landlord may not seize or deny a tenant access to the unit or the tenant’s property except through judicial process (RSA 540-A:3, II–III).
- Deposit rights — Any lease clause purporting to waive the tenant’s security-deposit rights is void (RSA 540-A:8, III).
- No retaliation — Retaliation for reporting violations or organizing with other tenants is a defense to eviction, unless the tenant owes a week’s rent or more (RSA 540:13-a).
- Belongings after move-out — A landlord must store a departed tenant’s belongings with reasonable care for 7 days and let the tenant retrieve them without charge (RSA 540-A:3, VII).
New Hampshire Rent-to-Own Agreement FAQs
How much can a landlord charge for a security deposit in New Hampshire?
No more than one month’s rent or $100, whichever is greater (RSA 540-A:6, I). Small owner-occupied buildings of five or fewer units and single-family homes owned by someone with no other rentals are exempt from the deposit rules, except for units occupied by tenants 60 or older (RSA 540-A:5).
How long does a landlord have to return a security deposit in New Hampshire?
30 days after the tenancy ends, together with any interest due and an itemized list of damages backed by receipts or estimates. Missing the deadline exposes the landlord to twice the deposit plus interest, less lawful deductions (RSA 540-A:7, 540-A:8).
How much notice is required for a rent increase in New Hampshire?
At least 30 days’ written notice stating the new amount and effective date. A tenant’s refusal of a properly noticed increase is “other good cause” for eviction (RSA 540:2, IV). New Hampshire doesn’t cap the amount of the increase.
More New Hampshire landlord documents
- New Hampshire Residential Lease Agreement
- New Hampshire Eviction Notice
- New Hampshire Security Deposit Return Letter
- New Hampshire Rent Increase Notice
- New Hampshire Notice to Vacate
- New Hampshire Application Approval Letter
- New Hampshire Application Denial Letter
- New Hampshire Background & Credit Check Authorization
- New Hampshire Rental Application
- New Hampshire Co-Signer Guarantor Agreement
- New Hampshire Bed Bug Addendum
- New Hampshire Mold & Mildew Addendum
- New Hampshire No-Smoking Addendum
- New Hampshire Parking & Storage Addendum
- New Hampshire HOA & Community Rules Addendum
- New Hampshire Crime-Free Housing Addendum
- New Hampshire Utilities & Services Addendum
- New Hampshire Early Termination Addendum
- New Hampshire Lease Extension Addendum
- New Hampshire Lead-Based Paint Disclosure
- New Hampshire Military Clause (SCRA)
- New Hampshire Pet Addendum
- New Hampshire Cash for Keys Agreement
- New Hampshire Mutual Lease Termination Agreement
- New Hampshire Lease Renewal Agreement
- New Hampshire Notice of Non-Renewal
- New Hampshire Late Rent Notice
- New Hampshire Lease Violation Notice
- New Hampshire Notice of Entry
- New Hampshire Move-In / Move-Out Inspection Checklist
- New Hampshire Rent Receipt
- New Hampshire Rent Verification Letter
- New Hampshire Tenant Welcome Letter
- New Hampshire Property Management Agreement
- New Hampshire Commercial Lease
- New Hampshire Short-Term Rental Agreement
- New Hampshire Room Rental Agreement
- New Hampshire Roommate Agreement
- New Hampshire Spanish Lease Agreement
- New Hampshire Sublease Agreement
- New Hampshire Lease Amendment
Rent-to-Own Agreement in other states
- Alabama Rent-to-Own Agreement
- Alaska Rent-to-Own Agreement
- Arizona Rent-to-Own Agreement
- Arkansas Rent-to-Own Agreement
- California Rent-to-Own Agreement
- Colorado Rent-to-Own Agreement
- Connecticut Rent-to-Own Agreement
- Delaware Rent-to-Own Agreement
- Florida Rent-to-Own Agreement
- Georgia Rent-to-Own Agreement
- Hawaii Rent-to-Own Agreement
- Idaho Rent-to-Own Agreement
- Illinois Rent-to-Own Agreement
- Indiana Rent-to-Own Agreement
- Iowa Rent-to-Own Agreement
- Kansas Rent-to-Own Agreement
- Kentucky Rent-to-Own Agreement
- Louisiana Rent-to-Own Agreement
- Maine Rent-to-Own Agreement
- Maryland Rent-to-Own Agreement
- Massachusetts Rent-to-Own Agreement
- Michigan Rent-to-Own Agreement
- Minnesota Rent-to-Own Agreement
- Mississippi Rent-to-Own Agreement
- Missouri Rent-to-Own Agreement
- Montana Rent-to-Own Agreement
- Nebraska Rent-to-Own Agreement
- Nevada Rent-to-Own Agreement
- New Jersey Rent-to-Own Agreement
- New Mexico Rent-to-Own Agreement
- New York Rent-to-Own Agreement
- North Carolina Rent-to-Own Agreement
- North Dakota Rent-to-Own Agreement
- Ohio Rent-to-Own Agreement
- Oklahoma Rent-to-Own Agreement
- Oregon Rent-to-Own Agreement
- Pennsylvania Rent-to-Own Agreement
- Rhode Island Rent-to-Own Agreement
- South Carolina Rent-to-Own Agreement
- South Dakota Rent-to-Own Agreement
- Tennessee Rent-to-Own Agreement
- Texas Rent-to-Own Agreement
- Utah Rent-to-Own Agreement
- Vermont Rent-to-Own Agreement
- Virginia Rent-to-Own Agreement
- Washington Rent-to-Own Agreement
- West Virginia Rent-to-Own Agreement
- Wisconsin Rent-to-Own Agreement
- Wyoming Rent-to-Own Agreement
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