New Hampshire tenant screening and landlord-tenant law

New Hampshire does not set a maximum dollar amount for a rental application or screening fee. Instead, RSA 540-A:3, VIII — most recently amended effective January 1, 2026 — requires landlords to disclose the fee amount and whether a criminal background/credit check is required, in writing, before collecting the fee. If the unit isn't rented to that applicant, the landlord generally must return any amount beyond the actual documented cost of the check(s) plus reasonable administrative costs, within 30 days. A landlord who violates this provision is generally limited to returning all application monies to the applicant plus court costs, rather than facing the broader civil penalties that apply to other violations of this chapter.

New Hampshire's fair housing statute (RSA 354-A:8) protects age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability, national origin, and sexual orientation — it does not list criminal history as its own protected category, and no separate New Hampshire statute sets a lookback period or requires an individualized assessment for criminal-history screening in housing. That means criminal-history screening in New Hampshire is governed primarily by the general federal Fair Housing Act framework. The underlying Fair Housing Act statute and case law (including Texas Dept. of Housing & Community Affairs v. Inclusive Communities Project) remain in effect. Separately, a new provision effective July 1, 2026 states that a "no-fault termination of tenancy" (the new end-of-lease non-renewal process described below) is not to be treated as an eviction for purposes of rental applications and tenant screening reports (RSA 540:2, VIII).

Source of income (for example, paying with a housing voucher) is not among the categories protected under RSA 354-A:8. Confirm any New Hampshire city or town ordinance addressing source-of-income protection against current municipal code. In practice, landlords should account for any applicable city or town source-of-income protection when screening voucher-holders.

Federal FCRA applies as the governing framework for tenant screening reports in New Hampshire: permissible purpose to pull a report, providing required disclosures, and sending an adverse action notice under FCRA §615 when a report contributes to a denial or unfavorable lease term. Beyond the fee-disclosure requirement in RSA 540-A:3, VIII, New Hampshire has no New Hampshire-specific adverse-action notice statute.

The deposit cap is generally the greater of one month's rent or $100 (RSA 540-A:6, I(a)). There's a small-landlord exception: the chapter's "landlord" definition excludes someone renting a single-family home who owns no other rental property, or renting units in an owner-occupied building of five units or fewer — except where the tenant is 60 or older, in which case the chapter's deposit rules still apply (RSA 540-A:5, I). Return timing is generally within 30 days of the end of the tenancy, along with any interest due, and with a written itemized list of any damage deductions beyond normal wear and tear (RSA 540-A:7, I). Interest is required if the deposit is held for a year or more, at the rate paid on regular savings accounts at the depository institution holding it (RSA 540-A:6, IV(a)). A landlord who violates the interest/return rules is generally liable for double the deposit plus interest due, less lawful deductions (RSA 540-A:8, I(b)).

New Hampshire has no statewide rent-control ordinance; confirm with individual cities whether any local ordinances apply. Eviction notice is generally 30 days for most residential tenancy terminations; a shorter 7-day notice generally applies for nonpayment of rent, substantial property damage, certain health/safety issues, or removing a household member accused of domestic violence against a co-tenant (RSA 540:3, II, referencing RSA 540:2, II). A new end-of-lease process, effective July 1, 2026: for leases of 12 months or more, a landlord may decline to renew at the end of the term with at least 60 days' written notice, then must file the possessory action within 6 months of the lease expiring (RSA 540:2, I(i)). That same 2026 provision says a resulting "no-fault termination" should not be reported as an eviction on a rental application or screening report — though it doesn't limit a landlord's ability to otherwise perform due diligence on a prospective tenant.

Manchester, Nashua, Concord, and Portsmouth may have city-specific tenant-screening, fair-chance-housing, or source-of-income ordinances; confirm current city code before finalizing a screening policy. Statewide requirements include RSA 354-A and RSA 540-A. New Hampshire's local government is organized into cities and towns rather than California-style "unincorporated county" areas. Confirm current local housing-code requirements with the relevant city or town clerk.

Does New Hampshire cap tenant screening or application fees? There's no fixed dollar cap, but landlords generally must disclose the fee amount and any criminal background/credit check requirement in writing beforehand, and typically must refund amounts above the actual documented cost if the applicant isn't rented to (RSA 540-A:3, VIII).

Is source of income a protected class in New Hampshire? Not under state law. RSA 354-A:8 doesn't list source of income among its protected categories. Confirm current city code for any city-specific protection before finalizing a screening policy.

How much can a New Hampshire landlord charge for a security deposit? Generally the greater of one month's rent or $100 (RSA 540-A:6, I(a)) — though many smaller landlords fall outside these rules unless the tenant is 60 or older.

How much notice is required to evict a tenant in New Hampshire? Generally 30 days for most residential terminations, or 7 days for nonpayment, substantial damage, or certain health/safety grounds (RSA 540:3).

Checkr can help New Hampshire landlords and property managers run FCRA-compliant background checks as part of a consistent, documented screening process. Start a tenant screening with Checkr to get started.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.