Landlord kept your deposit in New Hampshire? Here's what to do.
New Hampshire law is on your side: your landlord had 30 days under N.H. Rev. Stat. Ann. 540-A:5 to 540-A:8 to return your deposit or itemize deductions. The playbook below is how tenants actually get the money back — usually without a lawyer.
The four steps, in order
- 1
Pin down the deadline
Count 30 days from your move-out date. Noncompliance with the interest or return/itemization rules makes the landlord liable for double damages (RSA 540-A:8); deposit-handling violations are also NH Consumer Protection Act violations. Deposits unclaimed for 6 months become the landlord's. If the deadline already passed with no refund and no itemized statement, write that date down — the missed deadline is often a stronger claim than arguing about any individual charge.
- 2
Gather your evidence
Lease, move-in/move-out photos or video, every message with the landlord, and the itemized statement if you got one. No photos? You are not out of luck — the landlord bears the burden of proving damage beyond normal wear and tear , and New Hampshire has documentation rules working for you: The landlord must give a signed receipt for the deposit stating where it is held (except when paid by check); deposits go into a NH bank/escrow-type account, with interest owed if held a year or longer.
- 3
Send a certified-mail demand letter
A formal letter citing N.H. Rev. Stat. Ann. 540-A:5 to 540-A:8, disputing improper charges line by line, and giving a 14-day deadline resolves most cases — landlords settle when they see you know the statute. Damages equal to twice the sum of the deposit plus any interest due, less lawful charges (RSA 540-A:8) — the doubled figure is the total award. Traps: significant small-landlord exemptions (single-family rental where the owner has no other rentals; owner-occupied ≤5 units — except units occupied by tenants 60+). That exposure is your leverage: put it in the letter.
- 4
File in Small claims, NH Circuit Court District Division
If they ignore you, sue in Small claims, NH Circuit Court District Division — up to $10,000, filing fees around ~$90–$160 (sources conflict; confirm current schedule), no lawyer needed. Bring a numbered evidence binder and a one-page damages summary; deposit cases are among the most tenant-friendly matters on the small-claims docket.
What's actually deductible — and what isn't
Ordinary wear and tear is never deductible: faded paint, small nail holes, carpet worn by normal use. Legitimate deductions are limited to damage beyond normal use, unpaid rent, and charges the statute allows. Flat cleaning fees without receipts, the landlord's own labor billed by the hour with no records, repainting after a multi-year tenancy, and re-renting costs are the charges tenants dispute — and win — most often.
Frequently asked questions
What should I do first if my landlord kept my deposit in New Hampshire?
Check the statutory deadline. Deposit (with any interest due) must be returned within 30 days of termination; any damage deductions require a written itemized list within the same 30 days (RSA 540-A:7). If the deadline has passed with no refund or itemized statement, that failure itself is often your strongest claim — document the date you moved out and everything you have received since.
Do I need a lawyer to get my deposit back in New Hampshire?
Usually not. Most deposit disputes settle after a formal demand letter citing N.H. Rev. Stat. Ann. 540-A:5 to 540-A:8, and if not, Small claims, NH Circuit Court District Division (up to $10,000) is designed for self-represented tenants — filing fees run ~$90–$160 (sources conflict; confirm current schedule).
What if I don't have move-in photos?
You can still win. The burden of proving damage beyond normal wear and tear is on the landlord, and procedural failures — a missed deadline, no itemized statement, no receipts — don't depend on photos. Gather your lease, messages, and any witnesses instead.
What can I recover if the landlord acted in bad faith in New Hampshire?
Damages equal to twice the sum of the deposit plus any interest due, less lawful charges (RSA 540-A:8) — the doubled figure is the total award. Traps: significant small-landlord exemptions (single-family rental where the owner has no other rentals; owner-occupied ≤5 units — except units occupied by tenants 60+).
Turn this playbook into your case — in 20 minutes
Enter your dates, deposit, and the landlord's charges; get a charge-by-charge analysis against N.H. Rev. Stat. Ann. 540-A:5 to 540-A:8, a certified-mail-ready demand letter, an evidence pack, and dated next steps.
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