New Hampshire Residential Lease Agreement
What New Hampshire law requires in a residential lease — the deposit cap, the return deadline, the notice to end a month-to-month tenancy, and the disclosures you have to give the tenant. Every figure is cited to the statute it comes from and dated. The free New Hampshire lease template is one click away.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Other New Hampshire rules your lease has to live with
Beyond the deposit, New Hampshire law sets rules on entry, late fees, and repairs that apply whether or not the lease mentions them.
- Rent increases. At least 30 days' written notice of amount and effective date of rent increase — RSA 540:2, IV (2023) ↗
- Repair and deduct. No repair-and-deduct statute; instead rent withholding defense to eviction for RSA 48-A violations after written notice and 14 days to cure, rent paid into court — RSA 540:13-d (1985) ↗
- Habitability. New Hampshire law implies a warranty of habitability into every residential lease; a clause waiving it is unenforceable. — RSA 48-A:14 (amd. 2013, eff. Jan. 1, 2014) ↗
Each point links to the New Hampshire source it was taken from. Rules change; confirm before relying on them.
What New Hampshire law requires · as of 2026
- Max security deposit
- 1 month's rent or $100 (whichever is greater)
- Deposit return deadline
- 30 days after move-out
- Notice to end month-to-month
- 30 days
Source: N.H. Rev. Stat. §540-A:6 · verify ↗. Laws change — confirm the current rule before you rely on it.
Deposit still not back 30 days after move-out? Ask for it in writing with a New Hampshire security deposit demand letter; if that doesn’t work, the usual next step is New Hampshire small claims court.
Need the document itself?
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Frequently asked questions
How much security deposit can a landlord charge in New Hampshire?
In New Hampshire, the security deposit is limited to 1 month's rent or $100 (whichever is greater), and it must be returned within 30 days after move-out (as of 2026). Source: N.H. Rev. Stat. §540-A:6. Confirm the current rule before you sign.
Is this lease valid in New Hampshire?
A written lease that identifies the parties, the property, the term, and the rent is generally enforceable in New Hampshire once both sides sign. What it cannot do is contract around New Hampshire law: the deposit rules, entry notice, and habitability duties below apply whether or not the lease mentions them.
Can a tenant repair and deduct rent in New Hampshire?
No repair-and-deduct statute; instead rent withholding defense to eviction for RSA 48-A violations after written notice and 14 days to cure, rent paid into court Source: RSA 540:13-d (1985).
How does New Hampshire compare? See the security deposit limits in all 50 states, every figure cited to statute.
How New Hampshire compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for New Hampshire: N.H. Rev. Stat. §540-A:6 ↗.
- New Hampshire is one of 29 of 51 jurisdictions that cap the deposit by statute (22 set no statutory cap on the security deposit).
- Deposit return deadline
Deposit return deadline: 30 days, exactly the national median.
This is the most common figure nationally — shared by 26 other states.
Deposit return deadline in neighboring states — Maine (30 days), Massachusetts (30 days), Vermont (14 days).
- Notice to end a month-to-month tenancy
Notice to end a month-to-month tenancy: 30 days, exactly the national median.
This is the most common figure nationally — shared by 39 other states.
Notice to end a month-to-month tenancy in neighboring states — Maine (30 days), Massachusetts (30 days), Vermont (30 days). Every neighboring state with a rule matches New Hampshire.
The rest of what New Hampshire requires
The figures below are New Hampshire's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full New Hampshire page for that document.
- Notice for unpaid rent · as of 2026
- 7 days to pay or quit RSA 540:2, 540:3 ↗
- Notice to cure a lease violation · as of 2026
- 30 days RSA 540:2, 540:3 ↗
- Small claims limit · as of 2026
- $10,000 N.H. Rev. Stat. Ann. (RSA) 503:1 ↗
- Where you file · as of 2026
- Small Claims (Circuit Court — District Division) · filing fee approx. $125 (claims ≤$5,000) / $180 (over) per the 2025 schedule — confirm with the Circuit Court clerk (older guides still show $90/$145) N.H. Rev. Stat. Ann. (RSA) 503:1 ↗
- Rental application fee · as of July 2026
- No statutory limit New Hampshire General Court ↗
- Bill of sale notarization · as of 2026
- Not required New Hampshire DMV (Form TDMV 22A) ↗
- Power of attorney signing · as of 2026
- Notarization required N.H. Rev. Stat. §564-E:105 (form §564-E:301) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules N.H. RSA 304-C:16 (definition); RSA 304-C:40 (form) ↗
- Recording a deed · as of 2026
- Register of Deeds (county registry of deeds) · no witnesses NH RSA 477:3 ↗
Lease agreement in other states
More New Hampshire legal forms
Different state? See lease agreements by state →