New Hampshire Renter Rights & Landlord Laws Guide 2025

This guide provides a balanced overview of New Hampshire landlord-tenant laws for 2025. It is designed to help both parties understand their rights, responsibilities, and potential risks.

Landlord Friendliness Score: High

1. Overview: Tenant-Friendly or Landlord-Friendly?

New Hampshire is widely considered a Landlord-Friendly state. The legal framework tends to favor property owners, particularly regarding eviction processes and the absence of rent control.

For Landlords: This means you have significant freedom in setting lease terms, screening tenants, and reclaiming your property. However, you must follow strict procedural rules to avoid legal complications.
For Renters: While the state offers fewer protections than others (like Massachusetts or California), you are still protected by specific laws regarding security deposits, habitability, and landlord entry. Knowledge of these rights is essential.

2. Security Deposits

Security deposits are a primary area of financial risk for both parties.

Limits

Maximum Amount: There is no statutory limit on the amount a landlord can charge for a security deposit in New Hampshire. However, market practice typically aligns with one month’s rent.
Pet Deposits: Landlords may charge a separate pet deposit, which is also unregulated in amount.

Handling & Return

Separate Account: Landlords are not required by law to keep the deposit in a separate, interest-bearing account. This is a major difference from many other states.
Return Deadline: The deposit must be returned to the tenant within 30 days of lease termination and vacancy.
Itemized Deductions: If the landlord withholds any portion of the deposit for damages, they must provide a written, itemized list of deductions.
Penalties: If a landlord fails to return the deposit or provide an itemized statement within 30 days, the tenant may be entitled to double the amount wrongfully withheld, plus attorney’s fees.

3. Eviction Rules

New Hampshire offers a streamlined eviction process, particularly for non-payment of rent. This contributes to its high "Landlord Friendliness" score.

The Process

Notice: The landlord must provide written notice to the tenant. The type of notice depends on the violation.
Filing: If the tenant does not cure the violation or vacate, the landlord files a "Forcible Entry and Detainer" action with the local court.
Hearing: A hearing is scheduled, usually within 7-10 days of filing.
Writ of Possession: If the judge rules for the landlord, the court issues a Writ of Possession. A sheriff or constable must execute the eviction; the landlord cannot remove a tenant or their belongings themselves.

Notice Periods

Non-Payment of Rent: 7 Days. The landlord must give the tenant a 7-day notice to pay or quit. If the rent is not paid within those 7 days, the landlord can proceed with eviction.
Lease Violation (Cure or Quit): 30 Days. For most non-rent violations (e.g., unauthorized pets, property damage), the landlord must provide a 30-day notice to cure the violation or vacate.
No Lease / Holdover: 30 Days. For tenants without a written lease (month-to-month), a 30-day notice to vacate is required.
Serious Violations (Unconditional Quit): 7 Days. For severe violations like illegal activity or repeated lease violations, a 7-day unconditional quit notice may be used.

4. Landlord Entry

Tenants have a right to privacy, but landlords have a right to access their property for legitimate reasons.

Notice Required: Yes. A landlord must provide the tenant with reasonable notice before entering the rental unit.
Standard Notice: While not explicitly defined by statute, 24 hours is the standard and accepted "reasonable notice" in New Hampshire.
Consent: The tenant’s consent is generally required for entry.
Emergencies: In case of an emergency (e.g., fire, flood, major structural damage), a landlord may enter immediately without prior notice.

5. Rent Control

Statewide Ban: New Hampshire has a state law that prohibits individual municipalities from enacting rent control or rent stabilization ordinances.
Current Status: There is no rent control in any major New Hampshire city, including Manchester, Nashua, Concord, or Portsmouth.
Rent Increases: Landlords can raise rent at the end of a lease term with proper notice (typically 30 days for month-to-month tenancies). There is no legal cap on the amount of the increase.

6. Special Warning for Landlords

Strict Procedure is Your Shield.

New Hampshire law is on your side, but only if you follow the letter of the law. The courts are efficient, but they will not tolerate procedural errors.

Warning: The 7-Day Notice is Critical. For non-payment, you must serve a formal 7-day notice before filing with the court. Simply telling a tenant they are late is not enough. The notice must be properly served (in person or by certified mail).
Warning: Retaliation is Illegal. Do not attempt to evict, raise rent, or reduce services in retaliation against a tenant for exercising a legal right (e.g., reporting a code violation). This can lead to the dismissal of your eviction case and potential liability for damages.
Warning: Do Not Take Matters into Your Own Hands. Never change the locks, shut off utilities, or remove a tenant's belongings to force them out. This is an illegal "self-help" eviction and can result in significant legal penalties. Always go through the court process.

7. Special Warning for Tenants

Know Your Rights, But Know the Process.

While the system is landlord-friendly, you are not without power. However, you must act quickly and follow procedures.

Warning: Pay Attention to the 7-Day Notice. If you receive a 7-day notice for non-payment, it is a serious legal document. You have only 7 days to pay the full rent owed or face an eviction filing. Ignoring it will not make it go away.
Warning: Document Everything. In New Hampshire, the burden of proof often falls on the tenant for things like security deposit deductions. Take date-stamped photos/videos of your unit's condition upon moving in and out. Keep copies of all communication with your landlord.
Warning: Withholding Rent is Risky. New Hampshire law does not explicitly authorize tenants to withhold rent for repairs (a concept known as "repair and deduct"). Doing so can put you in violation of your lease and lead to eviction. It is highly recommended to pursue other remedies, such as filing a complaint with local health or building inspectors.

Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws are subject to change and can be interpreted differently by courts. Both landlords and tenants should consult with a qualified attorney in New Hampshire for advice on specific legal issues.