N.H. Rev. Stat. Ann. § 540-A: § 540-A:8
Remedies.
Operative Text
I. (a) Any landlord who does not comply with RSA 540-A:6, I, II or III shall be deemed to have violated RSA 358-A:2. (b) Any landlord who does not comply with RSA 540-A:6, IV or RSA 540-A:7 shall be liable to the tenant in damages in an amount equal to twice the sum of the amount of the security deposit plus any interest due under this subdivision, less any payments made and any charges owing for damages, unpaid rent, or share of real estate taxes as specified in RSA 540-A:7. II. Notwithstanding RSA 540-A:6, 540-A:7, and 540-A:8, I, a landlord shall not be liable nor forfeit any rights if his failure to comply with said sections and paragraph is due to the failure of the tenant to notify the landlord of his new address upon termination of the tenancy. Any deposits plus interest due on the deposit that remain unclaimed after 6 months from the termination of the tenancy shall become the property of the landlord, free and clear of any claim of the tenant, absent fraud. III. Any provision in any lease or rental agreement by which the tenant is purported to waive any of his rights under this subdivision, except as provided in RSA 540-A:6, III(d), shall be void.
New Hampshire Revised Statutes § 540-A:8 establishes the consequences when a landlord fails to follow the state's security deposit rules. A landlord who violates certain handling or disclosure requirements (under § 540-A:6, I–III) is treated as having committed an unfair or deceptive trade practice under RSA 358-A:2. A landlord who fails to return or properly account for a security deposit (under § 540-A:6, IV or § 540-A:7) can be held liable to the tenant for twice the deposit amount plus any interest owed, minus allowable deductions. Landlords are shielded from liability if the tenant never provided a forwarding address, and any unclaimed deposit funds become the landlord's property after six months; lease clauses that attempt to strip tenants of these statutory protections are void.
Plain English — not legal advice.
Property owners and managers operating under New Hampshire law should be aware that § 540-A:8 ties security deposit compliance directly to consumer protection liability under RSA 358-A:2 for certain violations. Compliant operators generally maintain thorough records of deposit amounts, interest calculations, deductions for damages or unpaid rent, and timely return of funds in accordance with §§ 540-A:6 and 540-A:7. Because § 540-A:8 also provides a safe harbor when a tenant fails to supply a forwarding address, operators commonly document their attempts to obtain that address at or before the end of a tenancy, and retain unclaimed funds only after the six-month statutory period has elapsed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.H. Rev. Stat. Ann. § 540-A:8, tenants have meaningful remedies when a landlord mishandles a security deposit — including the potential to recover twice the deposit amount plus interest if the landlord fails to comply with the return or accounting requirements of §§ 540-A:6 and 540-A:7. It is worth knowing that any lease clause purporting to waive these rights is declared void by § 540-A:8, III, so such language in a rental agreement generally cannot be enforced against a tenant. Tenants who believe their deposit rights have been violated may consider consulting a tenant-rights organization, reviewing the New Hampshire Attorney General's consumer protection resources (since certain violations implicate RSA 358-A:2), or raising the violation in a civil court proceeding.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 20, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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