How much notice does a landlord have to give before eviction in New Hampshire?

New Hampshire sets specific notice periods that depend on the reason for eviction: non-payment of rent, lease term breach, or end of lease term. Notice must generally be in writing and served correctly to be valid. The eviction section above details the required notice for each case in New Hampshire; in most situations, a landlord must go through the courts before removing a tenant, changing the locks, or shutting off utilities, but state-by-state exceptions can apply (e.g., abandonment statutes), so review the state guide below before acting.

What habitability standards must landlords meet in New Hampshire?

Under New Hampshire law, landlords are generally responsible for keeping the unit safe and livable: working heat, hot water, plumbing, electrical, locks, and a structurally sound building. If you report a serious habitability problem in writing and the landlord fails to fix it within a reasonable time, many states let you pursue remedies like repair-and-deduct, rent withholding, or lease termination, but the available remedies and the procedures to use them vary by state, and a few states do not recognize all of them. See the habitability section above for the procedures that apply in New Hampshire.

State Reference Guide · Northeast

New Hampshire
Tenant Rights.

This guide provides a detailed overview of the rights and responsibilities of tenants in the State of New Hampshire. New Hampshire law offers several unique protections, particularly regarding eviction reasons and "prohibited practices" by landlords.

Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

Security Deposit Limit

1 Month

of rent, most cases

Deposit Return Deadline

30 Days

Notice for Nonpayment

7 Days

Notice to Enter

Reasonable

24 hrs typical

What rights do tenants have in New Hampshire?

Tenants in New Hampshire are protected by state law that governs security deposit limits, the notice a landlord must give before eviction, basic habitability standards (heat, water, electrical, locks), and the deadline for returning your deposit after move-out. Local cities in New Hampshire sometimes add stronger protections on top of these state-wide rules.

MONEY

Security Deposits

In New Hampshire, security deposit law is strictly regulated to protect tenant funds.

Maximum Amount

A landlord cannot require a security deposit greater than one month's rent or $100, whichever is greater. - Exception: This limit does not apply to a landlord who owns only one single-family residence and does not own any other rental property, or to owner-occupied buildings with 5 or fewer units (except for elderly or disabled tenants).

Receipt Requirements

Upon receiving a deposit, the landlord must provide a written receipt stating the amount, the date, and the bank where the money is held. (NH RSA 540-A:6).

Interest

If a landlord holds a security deposit for one year or longer, they must pay the tenant interest at a rate equal to the interest on a standard savings account. (NH RSA 540-A:6, IV).

Return Deadline

The landlord must return the security deposit, plus any interest, within 30 days of the tenant vacating the premises. (NH RSA 540-A:7).

Itemization

If the landlord withholds any portion of the deposit for damages (beyond normal wear and tear) or unpaid rent, they must provide an itemized list of the specific repairs or charges.

Penalties

If a landlord fails to follow security deposit laws, a tenant may sue for double the amount of the deposit plus interest and attorney’s fees. (NH RSA 540-A:8).

NOTICE

Eviction Notices and Process

New Hampshire is a "Good Cause" eviction state, meaning landlords generally cannot evict a tenant simply because the lease ended; they must have a valid reason.

Nonpayment of Rent

Landlords must provide a 7-day Notice to Quit. If the tenant pays the full amount due plus $15 before the notice expires, the eviction must stop (though this "right to cure" can only be used 3 times in a 12-month period). (NH RSA 540:3, 540:9).

Lease Violations

For substantial violations of the lease, a 30-day Notice to Quit is required. (NH RSA 540:3).

Month-to-Month Termination

Landlords must provide at least 30 days' notice to terminate a month-to-month tenancy, but they must still cite a "good cause" (e.g., business necessity, or a desire to use the unit for their own family). (NH RSA 540:2).

Good Cause Requirement

For most residential tenancies (excluding owner-occupied buildings with 4 or fewer units), a landlord must have "good cause" to evict. Good cause includes nonpayment, damage to the property, behavior that disturbs others, or "other good cause" (like a business reason to renovate).

NOTICE

Landlord Entry Requirements

New Hampshire law protects a tenant's right to "exclusive possession" and privacy.

Notice Period

While New Hampshire statute does not specify an exact number of hours (like 24 or 48), the law requires "reasonable notice" for entry to inspect the premises or make repairs. (NH RSA 540-A:3, IV).

Standard Practice

In New Hampshire courts, 24 hours is generally considered the "reasonable" standard.

Emergency Exceptions

A landlord may enter without notice only in an emergency (e.g., a bursting pipe or fire).

Prohibited Entry

A landlord cannot enter the property without a valid reason or at unreasonable times (e.g., 2:00 AM) solely to harass the tenant.

MONEY

Rent Control and Increases

Rent Control Status

There is no rent control in New Hampshire.

State Preemption

New Hampshire law (NH RSA 31:141-bb) effectively prevents municipalities from enacting their own rent control ordinances.

Rent Increases

For month-to-month tenants, landlords must provide a 30-day written notice before increasing rent. For tenants with a lease, the rent cannot be increased during the lease term unless the lease specifically allows for it.

SAFETY

Habitability and Repairs

Landlords are required to maintain rental units in a condition fit for human habitation.

Warranty of Habitability

All residential leases have an implied warranty that the unit is safe and sanitary. Minimum standards include functional heat (at least 65°F), hot water, electricity, sound structure, and freedom from pest infestation. (NH RSA 48-A:14).

Repair and Deduct

New Hampshire allows a very limited "repair and deduct" right. (NH RSA 540:13-d). - The tenant must first notify the landlord of the defect in writing.The defect must not have been caused by the tenant.If the landlord fails to repair it, the tenant may be able to withhold rent, but this is legally risky. It is highly recommended to consult an attorney before withholding rent, as it is often safer to pay rent and then sue for "rent abatement."

SAFETY

Retaliation Protections

New Hampshire strongly protects tenants who exercise their legal rights.

Protected Activities

A landlord cannot evict, increase rent, or decrease services because a tenant: - Complained to the landlord or a government agency about health or safety violations.Joined or organized a tenant's union.Sued the landlord for security deposit violations.

Presumption Period

If a landlord starts an eviction within 6 months of the tenant engaging in a protected activity, the law presumes the landlord is retaliating. The burden is then on the landlord to prove they have a legitimate, non-retaliatory reason. (NH RSA 540:13-b).

LEASE

Lease and Disclosure Requirements

Written vs. Oral

While oral leases are legal for terms under a year, they are difficult to enforce. Written leases are strongly encouraged.

Mandatory Disclosures

Security Deposit Receipt: Must be provided at the time of deposit.Lead-Based Paint: For buildings built before 1978 (Federal requirement).Bed Bugs: Landlords have a statutory duty to investigate and remediate infestations. Once a tenant provides notice of a suspected infestation, the landlord must investigate within 7 days and, if bed bugs are found, take reasonable measures to remediate. (NH RSA 48-A:14, I-a; RSA 540-A:3, V-a).

Summary

Quick reference table.

Topic	New Hampshire Law	Statute
Security Deposit Limit	1 month's rent (most cases)	RSA 540-A:6
Deposit Return Deadline	30 Days	RSA 540-A:7
Notice for Nonpayment	7 Days	RSA 540:3
Notice to Enter	"Reasonable" (24 hrs typical)	RSA 540-A:3
Retaliation Protection	6-month presumption	RSA 540:13-b
Illegal Lockouts	Minimum $1,000 penalty	RSA 540-A:3 / 540-A:4
Eviction Reason	"Good Cause" required	RSA 540:2

Cities with local protections

These New Hampshire cities layer extra tenant protections on top of state law: Durham, Hanover, Keene, Lebanon, Manchester, Nashua.

Common Questions

Frequently Asked

Security deposit limits in New Hampshire are set by state law and typically apply per lease, not per tenant. The exact cap, allowed deductions, and the deadline for returning the deposit are defined in the New Hampshire statutes section above; deadlines vary by state, so check that section for the specific rule that applies to your lease. Always document the unit's condition with photos at move-in and move-out so you can dispute improper deductions.

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