How long does a landlord have to return a security deposit?

Security Deposit Return Timeline for Tenants in New Hampshire

If you are renting a property in New Hampshire, understanding the rules regarding security deposits is essential to ensure you receive any refund you are entitled to once your lease ends. In New Hampshire, state law clearly governs the handling and return of security deposits, providing protections for both tenants and landlords.

Overview of Security Deposits in New Hampshire

A security deposit is a sum of money paid by the tenant to the landlord at the start of a rental agreement as security for potential damage, unpaid rent, or other lease violations. At the conclusion of the tenancy, provided the tenant has met all obligations, the landlord must return the deposit, less any lawful deductions.

Timeframe for Returning a Security Deposit

In New Hampshire, landlords are required to return the security deposit within 30 days after the termination of the rental agreement and the tenant’s vacancy of the rental unit. Key points to consider include:

• Start of the 30-Day Period: The clock starts when the tenant surrenders possession of the property and returns keys, signaling that the tenancy has ended.
• Written Itemized Deductions: If the landlord intends to withhold any portion of the deposit for damages or unpaid rent, they must provide the tenant with an itemized written statement specifying the reasons for all deductions.
• Payment to Tenant: Along with the itemized list, the landlord must send the remaining balance of the security deposit to the tenant’s forwarding address within the same 30-day period.

Conditions That May Affect the Deposit Return

• Property Damage Beyond Normal Wear and Tear: Landlords may subtract reasonable costs needed to repair damages beyond normal wear and tear.
• Unpaid Rent or Charges: Any outstanding rent or fees the tenant owes can be lawfully deducted.
• Cleaning Fees: If the rental unit requires cleaning beyond what is considered normal cleanliness, the landlord may deduct those costs.

Tenants should note that landlords cannot withhold security deposits for ordinary wear and tear or for costs that do not comply with the lease agreement or state law.

Tenant’s Responsibilities to Ensure Timely Return

To maximize the chances of receiving the full security deposit promptly:

• Request a Move-Out Inspection: New Hampshire law encourages landlords and tenants to conduct a joint inspection before the tenancy ends to identify potential damage.
• Provide Forwarding Address: Tenants should supply a forwarding address to the landlord in writing at or before move-out to avoid delays in deposit return.
• Document Condition: Taking photos or videos of the rental unit’s condition when vacating helps prevent wrongful claims against the deposit.
• Fulfill Lease Obligations: Pay all due rent, clean the property, and leave the premises in good condition.

What to Do If the Security Deposit Is Not Returned on Time

If a landlord fails to return the security deposit or provide an itemized deduction statement within 30 days:

• Contact the Landlord: Initially, reach out in writing to request the funds or the itemized statement.
• File a Complaint or Legal Action: Tenants may file a claim in small claims court for the withheld deposit plus potential damages if the landlord acted in bad faith.
• Seek Legal Advice: Consulting with a tenant’s rights organization or attorney can clarify next steps.

Summary

In summary, under New Hampshire law:

• Landlords have 30 days after a tenant vacates the property to return the security deposit.
• They must provide an itemized statement detailing any deductions.
• Tenants are advised to leave the property in good condition and provide a forwarding address.
• If the landlord fails to comply, tenants have legal recourse to recover their deposits.

Understanding these provisions can help tenants protect their rights and ensure a smooth transition when ending a tenancy in New Hampshire.