Renting Out a Home: A Landlord's Rights and Duties

What New Hampshire law asks of a landlord: security deposits, entering the home, repairs and minimum standards, ending a tenancy, and the only lawful way to evict, through the district court.

Checked against its sources October 12, 2026.

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At a Glance

A New Hampshire landlord ends a tenancy with a written eviction notice and, if the tenant stays, a case in the circuit court’s district division: changing the locks, shutting off a utility or removing a tenant’s belongings is against the law. Most landlords may hold a security deposit of no more than one month’s rent or $100, whichever is more, and must return it within 30 days of the end of the tenancy, with an itemized list of any deductions. You must keep the home free of the hazards the law lists, and you may enter without the tenant’s consent only for emergency repairs or with a court order.

What do you need to do?
- Take a security depositAt most one month’s rent or $100, whichever is more, with a receipt.
- Get into the unitWith the tenant’s consent, after adequate notice; without it, only for emergency repairs or with a court order.
- End a tenancyServe a written eviction notice; if the tenant stays, file a case in the district court.
- Close out after a tenant leavesReturn the deposit within 30 days, and store belongings left behind for 7 days.
Never lock a tenant out, shut off a utility or remove belongings: only the court and the sheriff can.

Step by Step

Renting

Before you rent
Know which rules apply to your property. A residential rental is “restricted property”, where you need a reason the law lists to end a tenancy, unless it is one of the exceptions: a single-family house, if you own no more than 3; a unit in a building of 4 units or fewer that you live in; or a single-family house a bank or other lender took through foreclosure.
The law: RSA 540:1-a, RSA 540:1-b, RSA 540-A:3
Security deposits
These rules apply unless you rent out a single-family home and own no other rental property, or rent units in a building of 5 units or fewer that you live in, and even then they apply to a tenant 60 or older.
- The limit: one month’s rent or $100, whichever is more.
- A signed receipt stating the amount and where it is held, unless the tenant paid by check, and written notice that the tenant may list conditions needing repair within 5 days of moving in.
- Hold it in trust, apart from your own money, in a New Hampshire bank or credit union, or post a bond with the town or city clerk. Held a year or longer, it earns the tenant interest.
- Return it within 30 days of the end of the tenancy, with any interest. You may deduct the cost of damage beyond reasonable wear and tear, unpaid rent and other lawful charges, with a written, itemized list and evidence of the repairs, such as receipts or estimates.
A landlord who does not return a deposit as required can owe the tenant twice the amount.
The law: RSA 540-A:5, RSA 540-A:6, RSA 540-A:7, RSA 540-A:8
Entering the home, repairs and minimum standards
Entry. Enter only with the tenant’s consent, given at a reasonable time after notice that is adequate under the circumstances. Without consent, you may enter only to make emergency repairs, or with a court order; if a tenant refuses reasonable access, you can ask the district court for one.
Minimum standards. Where the town has no housing code of its own, the law forbids keeping a rental with an untreated insect, rodent or bed bug infestation, defective plumbing or sewage back-up, electrical hazards, a leaking roof or walls, falling plaster, large holes, unsound porches, stairs or railings, garbage piling up in common areas, too little water or broken hot water equipment, gas leaks, or heat that cannot keep every room at an average of at least 65 degrees. Towns with a housing code enforce their own.
Investigate a tenant’s report of bed bugs or other pests within 7 days, and take reasonable steps to remove them. A tenant who reported a serious violation in writing, and was not behind on rent, has a defense to an eviction for nonpayment if you did not fix it within 14 days, unless the tenant, the tenant’s household or guests caused it, or extreme weather or the tenant’s refusal of access prevented the repair.
The law: RSA 540-A:3, RSA 540-A:4, RSA 48-A:14, RSA 540:13-d

Ending a tenancy

Reasons and notice
The reasons. For restricted property: unpaid rent, substantial damage, breaking a material term of the lease, behavior that threatens others’ health or safety, or other good cause, which can be a legitimate business or economic reason. If the cause is the tenant’s own conduct, first give a written warning that it would be grounds for eviction. A lease of 12 months or longer, counting renewals, can end at its term if you give written notice at least 60 days before that you will not renew it, and file any eviction within 6 months of the lease ending. A tenant who refuses a rent increase can be evicted for good cause only if you gave written notice of the amount and the date at least 30 days ahead.
The notice. An eviction notice is in writing and states the reason specifically. It allows 7 days for unpaid rent, substantial damage or a threat to health or safety, and 30 days for other reasons. For unpaid rent, serve a demand for rent too, and the notice must tell the tenant of any right to pay and stay, which a tenant may use no more than 3 times in 12 months. Anyone can serve them, in hand or at the tenant’s home; the court has the forms.
What you may not do. You may not evict to retaliate against a tenant who reported a code violation, went to court under the tenant protection law, or met with other tenants, unless the tenant owes a week’s rent or more; nor end a tenancy solely because a tenant or a member of the household is a victim of domestic violence, sexual assault or stalking, once the tenant gives you written verification of it.
The law: RSA 540:2, RSA 540:3, RSA 540:5, RSA 540:9, RSA 540:13-a, RSA 540:13-b
Going to court
If the tenant has not left when the notice runs out, buy a Landlord/Tenant Writ from the circuit court’s district division, complete it, file it and pay the filing fee. Every residential eviction also needs the court’s Affidavit of Compliance with Federal Law, filed with the writ. You deliver the writ to the sheriff, who serves it, and it is returnable 7 days after service. You may claim unpaid rent in the same case, up to $1,500, and sue separately for more. Before any case, the court’s free Eviction Diversion Program offers a mediator.
In a case only for unpaid rent, the tenant can end it by paying, before the hearing, the rent owed, other lawful charges, $15 and your filing and service costs, up to 3 times in a 12-month period. You may accept back rent during the case without creating a new tenancy, if you tell the tenant in writing that you are going ahead with the eviction.
If you win, the court issues a writ of possession, and the sheriff, not you, removes the tenant. Unless the tenant defaulted, the court may give the tenant up to 60 days, or 75 in limited cases the tenant must prove, with rent paid weekly in advance.
Landlord and tenant cases (Judicial Branch)
The law: RSA 540:9, RSA 540:13, RSA 540:13-c, RSA 540:14, RSA 540-A:4
After the tenant leaves
Return the security deposit, with any interest and an itemized list of deductions, within 30 days. If the tenant gave you no new address, you are not liable for missing the deadline, and a deposit unclaimed after 6 months becomes yours.
Store anything the tenant left behind, with reasonable care, for 7 days after they leave, and let them take it back without paying rent or storage fees. After that, you may dispose of it.
The law: RSA 540-A:7, RSA 540-A:8, RSA 540-A:3

Common Questions

Do I need someone to accept court papers for me?

If you own restricted property, file a statement with the town or city clerk, within 30 days of becoming the owner, naming a person in New Hampshire who can accept court papers for you; it may be you.

Can I charge an application fee, or require rent online?

Before you charge an application fee, tell the applicant in writing how much it is and whether you require a background or credit check. If you do not rent to them, return whatever is beyond the actual cost of those checks and reasonable costs within 30 days. You may not require rent to be paid only electronically: accept at least one other way.

What if I sell the property?

If you sell the property, turn the deposits over to the buyer and tell each tenant by registered or certified mail.

What does a lockout or a utility shut-off cost a landlord?

A lockout, a utility shut-off or removing a tenant’s things instead of going to court can cost you the tenant’s damages, costs and attorney’s fees, and no less than $3,000 if you have already re-let the home.

Who Can Help

The district court has the forms for a demand for rent, an eviction notice and a Landlord/Tenant Writ. It advises landlords in doubt about the law’s requirements to consult a lawyer:

The New Hampshire Bar Association’s Lawyer Referral Service refers you to a lawyer who handles your kind of problem, for an administrative fee. Call 603-229-0002, weekdays 9:00 AM to 3:30 PM, or ask online.

Lawyer Referral Service