New Hampshire landlord-tenant law at a glance
New Hampshire landlord-tenant law is in RSA chapter 540, which covers ending tenancies and possessory actions, and RSA chapter 540-A, which covers security deposits and prohibited practices. Most of the rules that matter to an apartment owner turn on whether the building is restricted property.
| Rule | New Hampshire requirement | Statute |
|---|---|---|
| Grounds to end a tenancy (restricted property) | Only listed reasons, including nonpayment, damage, lease violation, safety, other good cause and lease expiration | RSA 540:2 II |
| Notice for nonpayment, damage or safety | 7 days | RSA 540:3 |
| Notice for other reasons, including other good cause | 30 days | RSA 540:3 |
| Ending a 12-month or longer lease at expiration | At least 60 days’ written notice; file within 6 months of expiration | RSA 540:2 II(i) |
| Rent increase | 30 days’ written notice of amount and date; refusal is good cause | RSA 540:2 IV |
| Deposit cap | One month’s rent or $100, whichever is greater | RSA 540-A:6 I |
| Deposit return | 30 days after the tenancy ends, with an itemized list | RSA 540-A:7 |
| Deposit interest | Savings account rate on deposits held one year or more | RSA 540-A:6 IV |
| Late fees | No statutory rule confirmed here; $15 liquidated damages when a tenant cures nonpayment | RSA 540:9 |
| Entry | Tenant’s prior consent except emergency repairs; 48 hours’ written notice for a bed bug check | RSA 540-A:3 |
Restricted property and good cause
Almost every apartment building in New Hampshire is restricted property, which means the owner can end a residential tenancy only for one of the reasons in RSA 540:2 II. Under RSA 540:1-a, the only residential rentals outside that rule are single-family houses whose owner owns no more than three, units in an owner-occupied building of four units or fewer, and single-family houses taken back by a lender in foreclosure. A five-unit building, owner-occupied or not, is restricted.
The listed reasons are nonpayment of rent, substantial damage, failure to comply with a material lease term, conduct that harms others’ health or safety, certain lead hazard and pest remediation situations, a domestic violence-related ground, expiration of a lease of 12 months or more, and other good cause. RSA 540:2 V says other good cause includes any legitimate business or economic reason and need not be based on anything the tenant did.
How much notice does a landlord have to give in New Hampshire?
A New Hampshire landlord must give 30 days’ written notice to end a residential tenancy in most cases, and 7 days for nonpayment of rent, substantial damage, conduct that threatens health or safety, or the domestic violence-related ground, under RSA 540:3. The notice must state the reason with specificity, and a nonpayment notice must tell the tenant about the right to cure.
Ending a lease at its end date has its own rule. Under RSA 540:2 II(i), when the original term is 12 months or longer, or a shorter lease has been renewed to a total of 12 months or more, the owner can end the tenancy at expiration by giving written notice at least 60 days in advance and filing within 6 months after the lease expires. A no-fault termination on this ground is not treated as an eviction for tenant screening, and the court must note that in its records.
Rent increases need 30 days’ written notice of the new amount and its effective date. If the tenant refuses the increase, that refusal is good cause to end the tenancy under RSA 540:2 IV.
Security deposit rules in New Hampshire
New Hampshire caps security deposits at one month’s rent or $100, whichever is greater, under RSA 540-A:6. On a $1,650 apartment, the most you can take is $1,650. The landlord must give a signed receipt stating the amount and where it is held, unless the tenant paid by check, and tell the tenant that any repair issues should be noted within 5 days of moving in.
Deposits are held in trust. They can be pooled in one account at a New Hampshire bank, savings and loan or credit union, or the landlord can post a bond with the town clerk instead. If you hold a deposit for a year or more, you owe interest at the rate paid on regular savings accounts, or the actual interest earned if deposits are pooled.
Within 30 days after the tenancy ends, return the deposit with any interest due, minus lawful deductions, under RSA 540-A:7. Damage deductions need a written, itemized list with proof the repair was or will be made, such as receipts or invoices, and normal wear and tear cannot be charged.
Late fees and entry rules in New Hampshire
We found no New Hampshire statute that caps late fees on residential rent. The fee that appears in the statutes is narrower: a tenant facing eviction for nonpayment can stop the case by paying all rent due, lawful charges, $15 of liquidated damages and the landlord’s filing and service fees before the hearing (RSA 540:9). Put any late fee in the lease and check it with an attorney.
Entry is tightly limited. RSA 540-A:3 bars a landlord from willfully entering a tenant’s unit without prior consent, except to make emergency repairs, or under a court order. A bed bug inspection needs 48 hours’ written notice. In turn, a tenant cannot refuse access for necessary repairs at a reasonable time after notice that is adequate under the circumstances.
The eviction process in New Hampshire
A New Hampshire eviction is a possessory action brought with a landlord and tenant writ in the district division of the circuit court. The rules in RSA 540:13 changed on October 8, 2026 under 2026 N.H. Laws chapter 308.
- Serve a written notice to quit with the reason: 7 days for nonpayment and the other listed grounds, otherwise 30 days.
- After the notice runs, obtain the writ, which the sheriff serves; it is returnable 7 days from service.
- The tenant must file an appearance by the return day. From October 8, 2026, the tenant must also file an answer, with any affirmative defenses or counterclaims, no more than 5 days after the return date.
- A tenant who does not appear is in default, and the court mails notice of default the day after the default.
- If the tenant appears, the court schedules a hearing within 10 days after the appearance is filed, with notice mailed at least 6 days before it.
- If both sides appear, the court holds a hearing on the merits and must mail notice of judgment within 2 days after it.
- If the landlord wins, the court enters judgment and issues the writ of possession 7 days after the judgment notice is mailed.
- In a nonpayment case, the tenant can cure up to the hearing by paying all rent due, charges, $15 and the landlord’s costs, but no more than 3 times in 12 months.
How long does an eviction take in New Hampshire?
The fixed periods in a nonpayment case add up to at least 4 weeks once the hearing is counted: 7 days of notice, 7 days to the return date, up to 5 more days for an answer, then the hearing and 7 days after the judgment notice before the writ issues. A 30-day notice case starts more than three weeks later. Court calendars and sheriff scheduling add time and vary by court.
The October 2026 changes aim to cut delay. Motions to continue should not be granted without good cause or the parties’ agreement, and the new answer requirement means defenses are on file before the hearing. Expect contested cases to move on firmer dates than before.
Does New Hampshire have rent control?
New Hampshire has no state rent control law. RSA chapter 540 sets no limit on the size of a rent increase; it requires 30 days’ written notice of the new amount and its effective date, and it makes a tenant’s refusal good cause to end the tenancy.
The practical limit on increases is the good-cause framework itself, since an owner of restricted property still needs a listed reason to end a tenancy. For a buyer, that means existing tenants can generally be moved to market rent with proper notice at renewal, but a tenant who pays cannot simply be asked to leave without a statutory reason.
Selling a New Hampshire apartment building with tenants in place
Leases and tenancies continue after a sale, and the buyer takes over as landlord. New Hampshire is specific about deposits. Under RSA 540-A:6 III, the selling landlord must turn over every security deposit, with any interest due, to the buyer at the time of the deed or within 5 days after it, and notify each tenant by registered or certified mail of the name and address of the new holder.
Once that is done, the seller is generally relieved of liability for repaying the deposit, and the buyer becomes responsible. Skipping the certified mail notice leaves the seller exposed, so build it into the closing checklist.
- Deliver a rent roll with each lease, deposit, interest accrued and move-in date.
- Transfer deposits and interest at the deed or within 5 days.
- Send each tenant a registered or certified letter naming the new holder.
- Disclose any notices to quit served and pending possessory actions.
New Hampshire landlord-tenant law changes in 2025 and 2026
Three sets of amendments have changed the statutes since the start of 2025. RSA 540:2 and RSA 540:3 were amended by 2024 N.H. Laws chapter 9, effective January 1, 2025. RSA 540:2 was amended again by 2025 N.H. Laws chapter 263, effective July 1, 2026. RSA 540:13, the eviction procedure, was amended by 2026 N.H. Laws chapter 308, effective October 8, 2026, adding the 5-day answer requirement, the 2-day judgment notice and the 7-day writ timing described above.
The current text of RSA 540:2 includes the lease-expiration ground with 60 days’ notice and the rule that such a no-fault termination is not an eviction for screening purposes. If you wrote your notice forms before 2025, have them checked against the current statutes before you use them again.
Selling a New Hampshire apartment building to Skyline
Skyline buys apartment buildings with five or more units in New Hampshire, with tenants in place. We buy directly, close on your timeline, and can work inside 1031 deadlines. We take over the leases at closing and handle the deposit transfer and tenant notices that RSA 540-A:6 requires.
For the tax side of a sale, see New Hampshire capital gains tax on real estate and the 1031 exchange in New Hampshire.
