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.
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).
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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).
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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).
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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
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.
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).
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.
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.
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.
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 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.
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.
Frequently Asked Questions
It is a written demand a New Hampshire tenant sends a former landlord to recover a security deposit the landlord did not return within the 30 days that RSA 540-A:7, I allows. The letter states the amount owed, including any interest due, disputes any improper deductions, and asks for payment by a set date. It documents that you asked for the deposit before filing in small claims court, and it can note the double-damages remedy under RSA 540-A:8, I(b).
A New Hampshire security deposit demand letter is an informal written request that costs nothing to send and asks the landlord to pay before any case is filed. Small claims court is a formal case you file, usually after the demand is ignored, where the debt or damages may not exceed $10,000 (RSA 503:1, I). The demand letter often resolves the dispute on its own, and if it does not, it becomes evidence that you tried to settle first.
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). A landlord who has held the deposit for a year or more must also pay the interest that accrued (RSA 540-A:6, IV). If 30 days pass with no deposit and no itemized list of damages, a demand letter is the usual next step before small claims court.
A landlord who does not comply with RSA 540-A:6, IV or RSA 540-A:7 is liable to the New Hampshire tenant for damages equal to twice the sum of 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 measure does not require proof of bad faith. Citing it in your demand letter signals that a wrongful withholding can cost far more than the deposit itself.
A New Hampshire landlord may deduct only for the cost of repairing damage beyond reasonable wear and tear, for unpaid rent, for the tenant's share of any increase in real estate taxes the lease requires the tenant to pay, and for other lawful charges due under the lease that remain unpaid (RSA 540-A:7, I and II). Each deduction must be supported by the required written, itemized list. Charges outside these categories can be disputed in your demand letter.
Yes. When a New Hampshire landlord keeps any part of the deposit for damages, it must give the tenant a written, itemized list of the damages, describing with particularity the nature of each repair and including satisfactory evidence that the repair has been or will be done, 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). A missing itemization can make the deductions improper.
In New Hampshire a small claim is a right of action, not involving title to real estate, where the debt or damages, exclusive of interest and costs, do not exceed $10,000 (RSA 503:1, I). A deposit claim can include the withheld deposit plus, where the landlord failed to comply with RSA 540-A:7, damages of twice the deposit plus interest under RSA 540-A:8, I(b). The deadline to sue is generally three years (RSA 508:4, I), though sending your demand letter and filing promptly is the practical approach.
A New Hampshire demand letter should identify you and the landlord, give the rental address and the dates of the tenancy, state the deposit amount and your forwarding address, and note that the 30-day deadline under RSA 540-A:7, I has passed. It should dispute any improper deductions, state the exact amount owed including any interest due, and demand payment by a specific date. Closing by referencing the double-damages remedy under RSA 540-A:8, I(b) reinforces the demand.