Can a landlord withhold a deposit for normal wear and tear?
This rental guidance is reviewed for clarity, relevance, and state-specific information and may be updated as rental requirements change.
Understanding Security Deposit Withholding for Normal Wear and Tear in New Hampshire
In New Hampshire, the handling of security deposits is governed by state statutes aimed at protecting both tenants and landlords. A common concern among tenants is whether a landlord can withhold part or all of a security deposit for "normal wear and tear" after a tenancy ends. This guide clarifies what "normal wear and tear" entails under New Hampshire law and explains when a landlord may legally withhold a security deposit.
What Is a Security Deposit in New Hampshire?
A security deposit is money a tenant pays to a landlord before or at the beginning of a lease. It serves as financial protection for the landlord against unpaid rent, damage beyond ordinary wear and tear, or other breaches of the lease agreement.
New Hampshire law does not limit the amount a landlord can charge for a security deposit, but landlords must handle the deposit according to specific rules outlined in the New Hampshire Revised Statutes Annotated (RSA), particularly RSA 540-A.
Defining “Normal Wear and Tear” in New Hampshire
Normal wear and tear refers to the gradual deterioration of a rental unit resulting from the ordinary and reasonable use of the property. It is important to note:
- It does not include damage caused by the tenant’s negligence, carelessness, accident, or abuse.
- Includes minor issues such as:
Since wear and tear happen naturally, landlords cannot charge tenants for repairing or replacing these normal conditions.
When Can a Landlord Withhold Part of the Security Deposit?
A landlord in New Hampshire may legally withhold part or all of the security deposit for expenses that fall outside of normal wear and tear. This includes:
- Repairing actual damage caused by tenant neglect or misuse (e.g., large holes in walls, broken windows, stained or burnt carpet)
- Cleaning costs if the unit is left excessively dirty beyond normal cleaning
- Unpaid rent or other charges due under the lease terms
- Replacement or repair of items damaged beyond reasonable use
New Hampshire Law Regarding Security Deposits
Under RSA 540-A:
- Written Notice: Upon a tenant’s request, the landlord must provide a written, itemized list of damages and the estimated cost of repairs within 30 days after the tenant moves out.
- Return of Deposit: The landlord has 30 days after the tenancy ends to return the security deposit minus any lawful deductions.
- Disputes: If a tenant disputes the deductions, they may pursue the matter in small claims court.
Best Practices for Tenants in New Hampshire
To protect your security deposit, consider the following steps:
- Document the Condition: Before moving in, take photos or video and ask the landlord to sign a condition checklist to establish a baseline.
- Perform Regular Maintenance: Keep the property clean and report repairs needed that are beyond your responsibility.
- Clean Thoroughly Before Moving Out: Leave the unit as clean as possible to avoid cleaning fee deductions.
- Repair Minor Damages: Fix any small issues you caused, such as filling nail holes or removing personal belongings.
- Request a Pre-Move-Out Inspection: Ask the landlord to inspect the property before you leave so you can address any problems proactively.
Summary
In New Hampshire, landlords cannot withhold any part of a security deposit for normal wear and tear. Only damages or conditions that arise beyond ordinary use and reasonable wear can justify deductions. The landlord is required to return the deposit or provide an itemized list of deductions within 30 days after the lease ends.
Understanding these rules helps tenants ensure their rights are protected and encourages landlords to handle security deposits fairly and transparently.
If you believe a landlord has wrongfully withheld your security deposit, you may consider seeking advice from a local tenant’s rights organization or consulting with an attorney familiar with New Hampshire landlord-tenant laws.