New Hampshire Lease Law 2026 — Eviction and Deposit Rules

New Hampshire's landlord-tenant framework runs through RSA 540 (eviction) and RSA 540-A (deposits and privacy). Evictions start with a specific Demand for Rent or Notice to Quit served by a sheriff or other authorized server, run through district court, and respect a one-time tenant cure right for non-payment. Deposit rules pivot on whether the landlord owns more than 6 units. Below: the eviction sequence, the deposit framework, the privacy and entry rules, and the operational discipline that keeps cases on track.

If you own residential rental property in New Hampshire, the two statutes that frame almost every dispute are RSA 540 (Actions Against Tenants) and RSA 540-A (Prohibited Practices and Security Deposits). New Hampshire is not the strictest tenant-protection state in New England, but it does enforce its rules sharply when landlords cut corners on notice, service, or deposit handling. This article covers the residential side for 2026.

The eviction grounds and notice flavors

RSA 540 recognizes specific grounds for eviction. The most common in residential practice:

• Non-payment of rent. Rent past due under the lease.
• Substantial damage to the premises. Physical damage beyond normal wear that the tenant has not remedied.
• Behavior adverse to the health or safety of other tenants. Nuisance, repeated disturbances, criminal activity affecting other tenants.
• Failure to comply with a material term of the lease. A substantive breach of the lease beyond non-payment.
• Other good cause. Includes legitimate business reasons such as conversion to non-rental use or owner occupancy, with statutory conditions.

Each ground has its own notice timeline. The most common starting points:

• 7-day Demand for Rent (sometimes paired with a Notice to Quit) for non-payment.
• 7-day Notice to Quit for nuisance, damage, and certain other grounds.
• 30-day Notice to Quit for general "other good cause" and most month-to-month terminations.

The notice must specify the ground, the amount owed (for non-payment), and the date by which the tenant must vacate.

Service of the Demand for Rent and Notice to Quit

RSA 540 is strict about service. The standard rule: the Demand for Rent and the Notice to Quit must be served in a manner that satisfies the statute, typically by a sheriff, deputy sheriff, or other person authorized under New Hampshire law.

A landlord-served notice that does not meet statutory requirements is a frequent reason cases get dismissed. The cost of using a deputy sheriff or constable for service is small compared to the cost of a dismissed case and the delay of re-serving.

Document service. Keep the return of service signed by the server. Note the date and method.

The one-time cure right for non-payment

New Hampshire gives residential tenants a one-time-per-tenancy cure right on non-payment evictions. The rule, in plain English:

• The tenant can stop a non-payment eviction by paying the full amount of past-due rent, plus statutorily allowed costs and interest, at any time before the writ of possession is executed — once per tenancy.
• After the first cure, the right does not reset for the same tenancy. A subsequent non-payment eviction can proceed without a cure right.

Operationally, this means your first non-payment case against a given tenant may end in payment-and-stay rather than possession. Plan for that, document the cure, and put yourself in the strongest position for any future non-payment case where the cure right is exhausted.

Filing: the Landlord-Tenant Writ in district court

After the notice period expires, the landlord files a Landlord-Tenant Writ in the district court (Circuit Court — District Division) for the location of the property.

• Filing fee: modest, set by court rule.
• Service: by the sheriff, deputy sheriff, or authorized server. Service must be timely under the court's rules.
• Return date / appearance: the writ states a return date. The tenant must file an appearance (and may file a counterclaim or defenses) within the statutory window.
• Hearing: if the tenant appears and contests, a hearing is scheduled. If they do not, the landlord can move for default judgment.

A typical clean uncontested non-payment case runs four to seven weeks from notice service to writ execution. Contested cases with motions and continuances commonly run two to four months.

The writ of possession

If the landlord prevails, the court issues a Writ of Possession. The tenant has a defined period to vacate voluntarily. If they don't, the sheriff or deputy executes the writ and removes the tenant. The landlord may also have a money judgment for past-due rent and damages.

The Writ of Possession is the only valid mechanism for removing a tenant. Self-help — changing locks, removing belongings, shutting off utilities — is prohibited under RSA 540-A and exposes the landlord to liquidated damages of $1,000 per violation plus actual damages and attorney fees. This is one of the cleanest statutory penalties on the books for any kind of landlord misconduct — don't trigger it.

Security deposits under RSA 540-A

RSA 540-A sets New Hampshire's deposit rules. The single most important threshold question: how many rental units does the landlord own across all New Hampshire properties?

• Landlords owning 6 or fewer rental units in New Hampshire are subject to a lighter deposit framework — less stringent holding rules, simpler return requirements. The framework still includes the prohibition on commingling and the return obligation, but the specific procedural requirements (receipt issuance, interest, separate-account documentation) may be relaxed.
• Landlords owning more than 6 rental units are subject to the full RSA 540-A regime, including stricter holding, receipts, interest accrual on deposits held longer than a year, and detailed return procedures.

Whichever side of the threshold you fall on, the core rules:

• Cap on deposit: up to one month's rent for the security deposit (plus separately allowed deposits for keys, fixtures, etc. as authorized by statute).
• Holding: in a separate, federally insured account in New Hampshire for landlords above the 6-unit threshold; commingling prohibition applies to all landlords.
• Receipt: a written receipt for the deposit at the time of payment.
• Return timeline: 30 days from the tenant vacating to return the deposit or provide an itemized statement of deductions with the balance. Some specific scenarios extend this window to 20 days for certain shared-living arrangements — confirm the current statute for your specific situation.
• Interest: for deposits held by landlords above the 6-unit threshold for one year or more, the landlord must pay interest at the rate of the deposit institution (or as specified by RSA 540-A).
• Wrongful withholding: can subject the landlord to damages, including double the amount wrongfully withheld in certain scenarios, plus attorney fees.

Move-in and move-out documentation

New Hampshire law gives tenants a right to receive (and request) an itemization of any pre-existing damage at the start of the tenancy. Operationally, the move-in inspection serves a dual purpose: it satisfies the disclosure obligation and creates the baseline you will reference at move-out to defend deductions.

• Walk every room with the tenant at move-in. Date-stamped photos of every wall, floor, fixture.
• Signed inspection form. Save the form and the photos in the tenant file.
• At move-out, repeat the walk-through. Compare against move-in. Any deduction line on the itemized statement should reference the move-in record and the supporting move-out photo.

Privacy and entry under RSA 540-A

RSA 540-A also imposes privacy and entry rules. Key points:

• No self-help eviction. Cannot change locks, shut off utilities, or remove belongings to force a tenant out.
• Notice for entry. The landlord must give reasonable notice (commonly 24 hours, sometimes more depending on lease and circumstance) before non-emergency entry. Emergency entry — fire, flood, gas leak, immediate safety threat — does not require notice.
• Reasonable hours. Entry must be at reasonable times.
• Liquidated damages: $1,000 per violation for prohibited practices under RSA 540-A, in addition to actual damages and attorney fees.

This is the part of the statute where small landlords most commonly slip — entering without notice, leaving a contractor in the unit without the tenant's knowledge, or "casually" stopping by. Standardize 24-hour written notice across the portfolio and document every entry.

Comparison snapshot

Operational checklist

• Use a sheriff or constable for Demand for Rent and Notice to Quit service. Don't serve yourself.
• Track the one-time cure right per tenant. Note in the tenant file when it has been used.
• Calendar the 30-day deposit clock from physical surrender. Run the walk-through within 5 to 7 days.
• If you own more than 6 NH rental units, run the full RSA 540-A deposit regime — separate account, receipts, interest accrual, detailed return.
• Standardize 24-hour written entry notice across the portfolio. Document every entry.
• Use a New Hampshire-specific lease reviewed by NH counsel.

FAQ

How many days do I give for non-payment in New Hampshire? The 7-day Demand for Rent (or 7-day Notice to Quit, depending on the specific procedure used) is the standard residential starting point. The clock is calendar days from service.

What happens when the tenant pays everything on the courthouse steps? For a first non-payment in the tenancy, the tenant generally has a one-time cure right — paying all past-due rent and statutory costs stops the eviction. The cure right does not apply again in the same tenancy.

Do I owe interest on the security deposit? If you own more than 6 rental units in New Hampshire and hold the deposit for one year or more, yes — interest at the rate of the deposit institution (or as specified by RSA 540-A) is owed. Smaller landlords have a lighter requirement; confirm the current rule.

Can I evict for a noise complaint? Material nuisance affecting other tenants is a recognized ground. Single isolated incidents typically are not enough; a pattern of disturbance with documented complaints and prior warnings is the usual showing.

---

Proprietio is the flat-priced platform for operators running mixed portfolios. Start a 15-day trial — no card required.

This isn't legal advice. Consult an attorney licensed in New Hampshire.