New Hampshire Security Deposit Demand Letter
In New Hampshire a landlord must return your security deposit, with any interest due, within 30 days of the end of the tenancy. Noncompliance can cost twice the deposit plus interest. Attorney review available.
Introduction
A security deposit demand letter is a written demand a New Hampshire tenant sends a former landlord to recover a security deposit that has not been returned, before filing in small claims court. In New Hampshire the landlord must return the deposit, and pay any interest due, within 30 days from the termination of the tenancy (RSA 540-A:7, I). If the landlord keeps any part of the deposit for damage, it must provide a written, itemized list of the damages, describing each repair with particularity and including satisfactory evidence such as receipts, bills, or labor estimates (RSA 540-A:7, I). A landlord may deduct only for damage beyond reasonable wear and tear, for unpaid rent, for the tenant's share of any real estate tax increase the lease requires, and for other lawful charges due under the lease, and may not deduct for reasonable wear and tear (RSA 540-A:7, I and II). A landlord who does not comply with RSA 540-A:6, IV or RSA 540-A:7 is liable to the tenant for damages equal to twice the deposit plus any interest due, less any lawful charges, and this remedy does not require proof of bad faith (RSA 540-A:8, I(b)). If the demand is ignored, a New Hampshire tenant can sue in small claims court for up to $10,000 (RSA 503:1, I), and the deadline to sue is generally three years (RSA 508:4, I). DocDraft builds your New Hampshire security deposit demand letter from your facts, with attorney review available before you send it.
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Key Things to Know
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A security deposit demand letter is a written demand a New Hampshire tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to small claims court.
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The landlord must return the deposit, and pay any interest due, no later than 30 days from the termination of the tenancy (RSA 540-A:7, I).
- 3
If the landlord keeps any part of the deposit for damage, it must give the tenant a written, itemized list describing each repair with particularity, with satisfactory evidence such as receipts, bills, or labor estimates (RSA 540-A:7, I).
- 4
A landlord may deduct only for damage beyond reasonable wear and tear, for unpaid rent, for the tenant's share of a real estate tax increase the lease requires, and for other lawful charges due under the lease (RSA 540-A:7, I and II).
- 5
The landlord may not deduct for reasonable wear and tear; deductions are limited to damages excluding reasonable wear and tear (RSA 540-A:7, I).
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A landlord who fails to comply with RSA 540-A:6, IV or RSA 540-A:7 is liable for damages equal to twice the deposit plus any interest due, less any lawful charges, and the remedy does not require proof of bad faith (RSA 540-A:8, I(b)).
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If the demand is ignored, a New Hampshire tenant can sue in small claims court for up to $10,000 (RSA 503:1, I); the deadline to sue is generally three years (RSA 508:4, I).
Key decisions before you file
Before you file a Security Deposit Demand Letter in New Hampshire, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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New Hampshire Requirements for Security Deposit Demand Letter
30-Day Return Deadline
In New Hampshire the landlord must return the deposit, and pay any interest due, no later than 30 days from the termination of the tenancy (RSA 540-A:7, I). Your demand letter should state that this deadline has passed.
Itemized List of Damages With Evidence
When a landlord keeps any part of the deposit for damage, it must give the tenant a written, itemized list describing each repair with particularity, with satisfactory evidence such as receipts for materials, labor estimates, bills, or invoices (RSA 540-A:7, I). A separate itemized list is required for any claim of unpaid rent, tax share, or charges (RSA 540-A:7, II).
Permitted Deductions
A New Hampshire landlord may deduct only for repairing damage beyond reasonable wear and tear, for unpaid rent, for the tenant's share of any real estate tax increase the lease requires, and for other lawful charges due under the lease (RSA 540-A:7, I and II). Deductions outside these categories can be disputed.
No Deduction for Reasonable Wear and Tear
The landlord may not deduct for reasonable wear and tear; the deposit may be applied only to damages excluding reasonable wear and tear (RSA 540-A:7, I). Charges for normal use, such as worn carpet or faded paint, are improper.
Double-Damages Penalty for Noncompliance
A landlord who fails to comply with RSA 540-A:6, IV or RSA 540-A:7 is liable to the tenant for damages equal to twice the deposit plus any interest due, less any payments made and any charges lawfully owing for damages, unpaid rent, or share of real estate taxes (RSA 540-A:8, I(b)). This remedy does not require proof of bad faith.
Interest Paid With the Return
A New Hampshire landlord who holds the deposit for a year or more must pay the interest that accrued, and any interest due must be returned with the deposit within the 30 days (RSA 540-A:6, IV; RSA 540-A:7, I). Your demand should include any interest owed in the amount claimed.
Send With Proof of Delivery and a Forwarding Address
Send the demand to the landlord's address using a trackable method such as certified mail with return receipt, and provide your forwarding address. Keep a copy of the letter and the delivery record for a later small claims filing.
Small Claims Limit and Deadline to Sue
If the demand is ignored, a New Hampshire tenant may sue in small claims court where the debt or damages, exclusive of interest and costs, do not exceed $10,000 (RSA 503:1, I). The deadline to sue is generally three years (RSA 508:4, I), though filing promptly after the demand is the practical course.