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New Hampshire law
(RSA
540-A) defines a security deposit as any money that a tenant gives to his
or her landlord other than the monthly rental payment. The name given to
the payment -- cleaning deposit, last month’s rent in advance, etc. --
does not matter. The amount is a “security deposit” if it is anything
other than the monthly rent.
In New
Hampshire, a landlord who owns more than six units can ask for
no more than one month’s rent or $100, whichever is larger, as
a security deposit. The landlord must keep security deposits in
a special escrow account or post a bond with the local
municipality to secure repayment.
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The tenant is entitled to a receipt for
the deposit. See
our free Rent Receipt Forms. The receipt must indicate the bank in which the deposit is being held, or
state that there is a bond posted with the town clerk, and must state that the tenant has
five (5) days to give the landlord a list of defects and damages in the apartment when she
or he moved in. If the security deposit is held for more than 12 months, the landlord must
pay at least the amount of interest she or he has actually earned on the money.
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RETURN OF DEPOSIT: When the tenant moves out of a
rental unit, the landlord has thirty (30) days in which to
either return the entire security deposit plus interest if
appropriate, or send a written statement of any deductions
made from the deposit for repairs, cleaning, etc., the
cost of each repair (supported by copies of appropriate
receipts, estimates, contracts, etc.) along with the
remaining amount of the deposit (RSA 540-A:7). The tenant
needs to notify the landlord of his or her new address
within 30 days of moving out. The notice must be in
writing, but need not be formal.
** USE OUR REQUEST
FOR SECURITY DEPOSIT LETTER- FREE
Normal Wear and Tear and Damage:
The landlord
can use the security deposit to repair damage for which
the tenant is responsible. But the landlord cannot apply
the security deposit to normal wear and
tear. The question
is: What's the difference?
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Normal wear and tear includes deterioration of the
premises that occurs under normal use conditions. For
example, paint may fade, electrical switches may wear out
and break, pull strings on curtains may fray and snap, and
carpet may wear down. These things happen even if the
tenant cleans regularly and cares for the premises
reasonably. Damage occurs from unreasonable use or
accidents, and includes extreme build up of dirt, mold,
etc., stains on carpets, and broken windows. Even planned
alterations to the premises are considered damage. For
example, the tenant cannot leave large holes in the walls
from shelving, and cannot repaint the walls to
significantly change the color. If the tenant wishes to
make changes to the premises that will remain after the
tenant moves out, the tenant should secure that landlord's
written permission.
The tenant can take steps to avoid disputes over
damage. At the beginning of the lease term, the tenant
should inspect the premises thoroughly and note all
problems in writing. The tenant should sign and date the
list and also have the landlord sign the list. At the end
of the lease, the tenant should again inspect the premises
with the landlord present, discuss any damage with the
landlord, and against prepare a list. See
Rentlaw.com for their Normal Wear and Tear Guide
WHERE
TO GO IF YOU HAVE A PROBLEM
A
good source of help for landlord-tenant problems is New
Hampshire Legal Assistance. There are several branches of
New Hampshire Legal Assistance around the state:
Manchester:
603-668-2900 or 1-800-562-3174
Claremont: 603-542-8795 or 1-800-562-3994
Portsmouth: 603-431-7411 or 1-800-334-3135
Littleton: 603-444-8000 or 1-800-548-1886
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