New Hampshire landlords who wrongfully withhold deposits may owe up to 2× the deposit amount. Learn your rights under N.H. Rev. Stat. Ann. §540-A:7.
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Check My DepositDepending on the facts and how a court applies N.H. Rev. Stat. Ann. §540-A:8, you may be entitled to recover up to 2 times the amount wrongfully kept. This includes the deposit itself and any modeled statutory multiplier. A landlord who fails to return the deposit or provide the required statement within thirty days can be liable for double the amount wrongfully withheld, but the enhanced remedy depends on the tenant notifying the landlord of a new address upon termination.
Whether any multiplier applies may depend on intent, bad faith, required notice, or other state-specific facts.
Penalty
Depending on the facts and how a court applies N.H. Rev. Stat. Ann. §540-A:8, you may be entitled to recover up to 2 times the amount wrongfully kept. This includes the deposit itself and any modeled statutory multiplier. A landlord who fails to return the deposit or provide the required statement within thirty days can be liable for double the amount wrongfully withheld, but the enhanced remedy depends on the tenant notifying the landlord of a new address upon termination.
Whether any multiplier applies may depend on intent, bad faith, required notice, or other state-specific facts.
Example
N.H. Rev. Stat. Ann. §540-A:8
To recover penalties under N.H. Rev. Stat. Ann. §540-A:8, you generally need to: document the move-out date and the missed deadline, send a written demand letter citing the statute, and, if necessary, file in New Hampshire small claims court (up to $10,000).
A demand letter that specifically cites N.H. Rev. Stat. Ann. §540-A:8 and calculates the potential Potentially up to 2x your deposit often prompts landlords to settle without going to court.
Questions
Your New Hampshire landlord has 30 days after your move-out date to return your security deposit along with an itemized statement of any deductions. This deadline is set by N.H. Rev. Stat. Ann. §540-A:7.
If your landlord misses the 30-day deadline, you may be entitled to up to 2× the amount wrongfully withheld under N.H. Rev. Stat. Ann. §540-A:8. The penalty applies when your landlord acted in bad faith.
No. New Hampshire law under N.H. Rev. Stat. Ann. §540-A:7 explicitly prohibits landlords from deducting for normal wear and tear. This includes faded paint, minor scuffs, small nail holes, and carpet thinning from regular use. Deductions must be for actual damage beyond what normal living causes.
Under N.H. Rev. Stat. Ann. §540-A:8, you may recover up to 2x the deposit amount wrongfully withheld. You must show the landlord acted in bad faith.
To recover the penalty, you must show your landlord acted in bad faith under N.H. Rev. Stat. Ann. §540-A:8, knowingly withholding the deposit without legitimate grounds.
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