Title: Security Deposits | New Hampshire Legal Aid
Headings: Security Deposits
Security Deposits
What is a Security Deposit?
Who is protected?
Even if your tenancy is not covered under the law, your landlord is still obligated to return your deposit after you move out, minus unpaid rent and/or repair costs. If your security deposit is not returned, you still may sue your landlord, although you may not be entitled to the special penalties provided by New Hampshire’s security deposit law.
What is the maximum deposit a landlord can require?
Can my Landlord raise my Security Deposit when he raises my rent?
Your landlord is required to give you a receipt.
Where will your money be kept?
Earning interest on your deposit.
When your landlord sells the property, files for bankruptcy or is in foreclosure.
What happens when you move?
What may a landlord deduct from your deposit?
Your landlord is required to provide you with an itemized list of any damages deducted from your deposit.
Normal wear and tear
Protecting yourself
Suing to get your money back.
Double Damages
Special Damages
Landlord's Rights
If you are facing eviction
Remember, before you sue:
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Content: any rent that is still owed,
the cost to repair any damages to the apartment or leased premises caused by you or your guests, and
the tenant's share of increases in real estate taxes (but only if a written agreement requires this). Your landlord is required to provide you with an itemized list of any damages deducted from your deposit. An itemized list of damages deducted from your deposit must state the exact repairs necessary to correct any damage. The landlord is further required to provide evidence or proof that the repairs have been or will be completed. Examples of evidence are: receipts for materials purchased to make repairs, labor estimates, actual invoices. Normal wear and tear
The landlord is not permitted to charge you for "normal wear and tear" to the premises. Whether or not something is considered damages or the result of normal wear depends on all the facts. Certain things like crayon marks, holes in the walls, and broken windows will usually be considered damages. Other things, such as worn carpeting or linoleum, usually will be considered normal wear and tear.