New Hampshire Landlord Laws

New Hampshire is considered a landlord-friendly state. While it has many tenant protections, such as limits on security deposits and required notice periods for rent increases, New Hampshire does not impose statewide rent control or excessive regulations on rental lease terms, giving landlords flexibility to manage their properties effectively.

That being said, landlords in The Granite State still have to follow strict state laws regarding rental agreements, property maintenance, required notices, and eviction procedures. Understanding these laws helps avoid disputes and maintain lawful compliance. Whether you manage a single unit or a portfolio of properties, knowing the rules will help create fair, enforceable lease agreements and protect your investments.

New Hampshire’s landlord-tenant laws are found in the New Hampshire Revised Statutes Annotated (RSA), especially Title LIV, Chapter 540. This article focuses on the top state-level laws that landlords should know from the N.H. Rev. Stat, but local municipalities may have additional rules. If you’re unsure how a law applies to your situation or if you're dealing with a legal conflict, consult an experienced New Hampshire real estate attorney.

Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and many not be the most up-to-date information.

NEW! 2025 New Hampshire Rental Laws

The following new rental laws passed in New Hampshire recently:

• Fee disclosure and refunds (HB 1400): Effective January 1, 2025, landlords must clearly disclose any application or renewal fee in writing. If a unit does not rent to an applicant, landlords must refund any amount exceeding the documented cost of the background or credit check and reasonable administrative fees within 30 days.
• Optional electronic payments (HB 309): Beginning January 1, 2026, landlords may no longer require tenants to pay rent or other lease amounts solely via electronic funds transfer. They must offer at least one non-electronic payment option.

New Hampshire Quick Facts

Rights and Responsibilities of New Hampshire Landlords and Tenants

New Hampshire law outlines the legal duties and protections for both landlords and tenants. For example, landlords must provide safe, habitable housing that complies with all health and safety standards, while tenants must pay rent on time and maintain the unit in good condition. In return, landlords have the right to collect rent and manage their properties, and tenants have the right to privacy and a peaceful living environment. While the lease defines many of these terms, all provisions must comply with New Hampshire law to be legally enforceable.

Below is an overview of the rights and responsibilities for both landlords and tenants in New Hampshire.

New Hampshire landlords have the right to:

• Collect rent as specified in the lease agreement.
• Hold a security deposit up to one month’s rent (or $100, whichever is greater) and deduct funds for unpaid rent, damage, or other legal charges.
• Screen all prospective tenants, as long as the screening complies with fair housing laws.
• Enter the rental unit with reasonable notice of at least 24 hours for inspections, repairs, or showings.
• Initiate eviction proceedings for nonpayment of rent, substantial lease violations, or holdover tenancy.
• Set reasonable rules regarding pets, smoking, guests, and property use, so long as they align with state law.

New Hampshire landlords are responsible for:

• Providing and maintaining a safe, habitable dwelling that meets health, building, and housing codes.
• Delivering possession of the unit on the agreed date and allowing peaceful enjoyment of the premises.
• Returning the security deposit within 30 days of the tenant’s departure.
• Delivering a signed security deposit receipt and a written move-in checklist within five days of occupancy.
• Following legal notice requirements for rent increases, which is 30 days for month-to-month tenancy.
• Refraining from retaliatory actions or retaliatory evictions in response to tenant complaints or legal actions.

New Hampshire tenants have the right to:

• Live in a habitable, well-maintained unit with working utilities, heat, and basic facilities.
• Receive proper notice before the landlord enters the unit or increases rent.
• Have their security deposit held and returned according to state law.
• Receive written disclosures regarding the security deposit, unit condition, and any known lead-based paint hazards.
• Take legal action or report landlords who fail to meet health, safety, or habitability standards.
• Enjoy peaceful enjoyment and privacy in the rental unit without landlord interference.

New Hampshire tenants are responsible for:

• Paying rent on time as agreed in the lease.
• Keeping the unit clean, safe, and in good condition.
• Reporting maintenance issues or damages to the landlord promptly.
• Avoiding any damage beyond normal wear and tear or any illegal use of the property.
• Following all lease terms, including rules about smoking, pets, and guest behavior.
• Providing advance notice before vacating, based on lease terms.
• Allowing access for necessary repairs, inspections, or showings with reasonable notice.

New Hampshire Required Disclosures

New Hampshire landlords must provide specific information to tenants before or shortly after the start of a lease. These disclosures ensure transparency about property conditions and legal rights. Below are the disclosure requirements that landlords must provide in New Hampshire.

• Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
• Security Deposit Receipt (NHRS § 540-A:6(I)(b-c)). Landlords must deliver a signed receipt of the security deposit, specifying where the deposit or bond will be held. A receipt is not necessary when the tenant writes a personal check, bank check, or check issued by a government/nonprofit agency for the security deposit.
• Move-In Checklist (NHRS § 540-A:6(I)(b-c)). Landlords must supply in a New Hampshire lease agreement a list of any conditions in the rental unit in need of repair or correction, within five days of occupancy.

Additional Reading: New Hampshire Residential Lease Agreement

New Hampshire Rent and Fee Laws

New Hampshire does not impose rent control or regulate many common landlord fees, giving property owners broad discretion when setting rent terms. However, landlords must still follow basic legal procedures when charging fees, increasing rent, or responding to repair requests. Below are the main rent and fee rules landlords should know in New Hampshire.

Rent Payments

• Due Date: There is no statute in New Hampshire specifying when rent should be due.
• Rent Increases: There is no statewide rent control in New Hampshire.
• Grace Period: There is no mandatory grace period in New Hampshire.

Fees

• Application Fees: Rental application fees are not regulated in New Hampshire.
• Late Fees: There is no statutory limit on late fees in New Hampshire. A standard rent late fee is around 5% of monthly rent.
• NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, the landlord may charge a fee limited to the face value of the check plus any court costs, service costs, and collection costs incurred by the landlord (NHRS § 544-B:1(I)).

Tenant Remedies

• Withholding Rent/Repair and Deduct: If the landlord fails to maintain the premises in a way that violates health or safety standards, the tenant may withhold rent. However, the tenant must give proper written notice to the landlord and wait 14 days for the correction (NHRS § 540:13-d(I)).

New Hampshire Security Deposit Laws

New Hampshire landlord laws provide clear guidelines for security deposits, including limits on the amount, required interest payments, and deadlines for returning funds. Knowing these regulations protects both parties and ensures transparency in the rental relationship. Below are the security deposit laws landlords must follow in accordance with New Hampshire landlord laws.

• Deposit Limit: 1 month’s rent or $100, whichever is greater (NHRS § 540-A:6(I)(a)).
• Interest: Landlords must pay interest on security deposits. The interest rate should match that paid on regular savings accounts in New Hampshire banks. Tenants may request accrued interest every three years, 30 days before the expiration of that year’s tenancy (NHRS § 540-A:6(IV)(a, c)).
• Return Within: 30 days (NHRS § 540-A:7(I)).
• Deposit Location: According to New Hampshire landlord laws, security deposits must be kept in a separate bank account (NHRS § 540-A:6(II)(a)).
• Withholding: Funds may be withheld for damages beyond normal wear and tear. Landlords must provide an itemized list of damages (NHRS § 540-A:7).

New Hampshire Tenant Screening and Fair Housing Protections

What actions are considered housing discrimination?

Tenants in New Hampshire are protected by both federal and state fair housing laws. The Federal Fair Housing Act (Title 24 USC § 3601-3607) makes it illegal for landlords to discriminate based on protected characteristics. Discrimination can occur during any part of the rental process, including:

• Accepting or denying rental applications
• Advertising and marketing the property
• Setting or applying screening criteria
• Determining rent amounts or discounts
• Providing maintenance and services
• Pursuing evictions or refusing to renew leases
• Communicating policies that deter protected groups from applying
• etc.

What are the protected classes in New Hampshire?

Like all states, New Hampshire must follow federal law, which protects tenants from discrimination based on:

• Race
• Color
• Religion
• Sex
• National origin
• Familial status
• Disability

New Hampshire landlord laws (NHRS § 354-A:10) add further protections:

• Age
• Marital status
• Sexual orientation
• Gender identity
• Source of lawful income, including housing assistance

Use of Credit Reports

New Hampshire landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.

Use of Criminal Histories

Criminal background checks may be used during tenant screening in New Hampshire. New Hampshire landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.

Additional Reading: New Hampshire Background Checks & Screening Online

New Hampshire Landlord Entry Laws

New Hampshire law balances a landlord’s right to access the property with a tenant’s right to privacy. Landlords must obtain prior consent and provide notice before entering, except in emergencies. Below are the rules concerning landlord entry in New Hampshire.

• Advanced Notice: Landlords in New Hampshire must give advanced notice and get the tenant’s prior consent to enter the property (NHRS § 540-A:3(IV-V)).
• Permitted Times: New Hampshire state law does not designate any time-of-day restrictions for entering (NHRS § 540-A:3(IV-V)).
• Emergency Entry: In case of emergency, landlords in New Hampshire may enter without advanced notice or consent (NHRS § 540-A:3(IV-V)).

New Hampshire Eviction Notices

Evictions in New Hampshire are legal proceedings that can be confusing for both landlords and tenants. Before beginning the process, landlords should carefully review New Hampshire’s eviction laws and consider consulting an experienced attorney to ensure compliance.

To start an eviction in New Hampshire, the landlord must serve the tenant with a written eviction notice. The type and timing of the notice depends on the reason for the eviction, such as nonpayment of rent, lease violations, or termination of a tenancy.

• Rent Demand Notice: 7 days to pay or quit (NHRS § 540:2(II), 540:3(II), 540:9).
• Notice for Lease Violation: 30 days to quit (NHRS § 540:2(II), 540:3(II)).
• Unconditional Notice to Quit: 7 days to quit. According to eviction laws in New Hampshire, this notice applies when the tenant has done substantial damage to the premises or the tenant’s behavior adversely affects the health or safety of other people (NHRS § 540:2(II), 540:3(II)).

Additional Reading: New Hampshire Eviction Process and Laws [2025]

New Hampshire Squatter’s Rights

Squatters are individuals who occupy a property without the legal permission of the owner. In New Hampshire, landlords must go through the formal eviction process to remove squatters. State law does not allow self-help measures such as changing the locks, shutting off utilities, or using physical force to remove someone regardless of whether the person ever had a lease.

If a squatter refuses to leave, the property owner must serve a legal eviction notice and file for eviction in court. The court must issue a judgment before law enforcement can remove the individual. Attempting to remove a squatter without a court order could result in legal liability for the landlord.

New Hampshire does not have a specific statute addressing squatters, but like many states, it does recognize adverse possession in limited cases. To claim ownership through adverse possession, a squatter must occupy the property openly, continuously, and without the owner’s permission for at least 20 years—and even then, only under specific conditions.

Additional Reading: New Hampshire Squatter's Rights & Adverse Possession Laws [2025]

Other Laws and Facts About New Hampshire

• The current average rent rate in New Hampshire is $2,025 per month, according to Zillow.
• The average rent rate in Manchester is $1,866 per month, according to Zillow.
• Tenants in New Hampshire cannot defeat an eviction for nonpayment more than three times within a 12-month period (NHRS § 540:9(II)).

Conclusion

Navigating the landlord-tenant landscape in New Hampshire requires understanding the state's legal framework. The state offers flexibility to landlords with no rent control and limited leasing regulations, but staying informed and compliant with New Hampshire rental laws is essential. Transparency with required disclosures, adherence to security deposit guidelines, and respect for tenant rights contribute to a positive rental experience. Whether managing a single property or an extensive portfolio, Innago’s property management software simplifies operations and keeps you aligned with New Hampshire rental laws. For specific legal issues, seek guidance from a qualified real estate attorney to ensure compliance and protect your investments confidently.

FAQs

What are the security deposit limits in New Hampshire?

Landlords can hold a security deposit of one month’s rent or $100, whichever is greater. Interest must be paid on these deposits, and they must be returned within 30 days of the tenant’s departure according to New Hampshire rental laws.

Are application fees regulated in New Hampshire?

No, application fees are not regulated. Landlords have broad discretion in setting fees, but any charges must be disclosed clearly to tenants according to New Hampshire rental laws.

Is there rent control in New Hampshire?

New Hampshire does not have statewide rent control. Landlords have flexibility in setting rent but must comply with legal notice requirements for any increases as outlined in New Hampshire rental laws.

What notice is required for landlords to enter a property?

Landlords must give reasonable notice of at least 24 hours to enter for inspections, repairs, or showings, except in emergencies, as per New Hampshire rental laws.

Can tenants withhold rent if repairs are not made?

Yes, tenants can withhold rent if the landlord fails to maintain the premises according to health or safety standards. Proper written notice must be given, and 14 days are allowed for the correction under New Hampshire rental laws.

How should landlords handle eviction notices?

To initiate eviction, landlords must serve a written notice specifying the reason, such as nonpayment of rent or lease violations. Different types of notices are required depending on the situation according to New Hampshire rental laws.

Are there protections against housing discrimination in New Hampshire?

Yes, both federal and state fair housing laws protect tenants from discrimination based on race, color, national origin, and other characteristics, including age, marital status, and source of income, which are specified in New Hampshire rental laws.

1. New Hampshire Residential Lease Agreement Template
2. New Hampshire Quitclaim Deed
3. New Hampshire Residential Lease Agreement Template
4. New Hampshire Landlord/Tenant Forms
5. New Hampshire Eviction Notice

Resources

1. New Hampshire Revised Statutes – Chapter 540: Landlord and Tenant
2. New Hampshire Squatter and Adverse Possession Overview
3. New Hampshire Eviction Process & Laws [2025]
4. New Hampshire Housing Market Trends & Forecast
5. Real Estate Terms & Definitions