Can My Landlord Deduct Damage Beyond Normal Wear from My Deposit in New Hampshire?
Researched by the DepositHawk Research Team · Last updated: 2026-06-12 · Verified 2026-06-12
Yes — Damage Beyond Normal Wear is a permissible deduction in New Hampshire when properly documented.
Under N.H. Rev. Stat. Ann. § 540-A:7, landlords in New Hampshire may deduct for damage beyond normal wear if the charge is reasonable and supported by documentation. Physical damage to the rental unit that goes beyond normal wear and tear — such as broken fixtures, large holes, burn marks, or severe stains — is a permissible deduction if properly documented.
Source: N.H. Rev. Stat. Ann. § 540-A:7. Verified 2026-06-12.
What Counts as Damage Beyond Normal Wear in New Hampshire?
Physical damage to the rental unit that goes beyond normal wear and tear — such as broken fixtures, large holes, burn marks, or severe stains — is a permissible deduction if properly documented.
Common examples in this category:
- Large holes in walls from improper mounting
- Broken windows, doors, or fixtures
- Burn marks on carpet or countertops
- Pet damage (claw marks, stains, odors)
- Deliberately removed fixtures or appliances
What New Hampshire Law Says Under N.H. Rev. Stat. Ann. § 540-A:7
New Hampshire Deposit Key Facts
- Statute
- N.H. Rev. Stat. Ann. § 540-A:7
- Return Deadline
- 30 days after move-out
- Penalty for Wrongful Withholding
- Up to 2x the wrongfully withheld amount
- Itemized Statement Required
- Yes
What Your New Hampshire Landlord CAN Deduct
Permissible deductions under N.H. Rev. Stat. Ann. § 540-A:7 when properly documented:
- Unpaid rent
- Damage beyond normal wear and tear
- Cleaning if lease requires and unit was left dirty
- Lease-break fees if specified in lease
- Costs to replace items tenant removed or kept
What Your New Hampshire Landlord CANNOT Deduct
Impermissible deductions under N.H. Rev. Stat. Ann. § 540-A:7:
- Normal wear and tear (minor scuffs, small nail holes, faded paint)
- Carpet replacement after useful life (typically 7-10 years)
- Painting after 2+ year tenancy (normal wear)
- Pre-existing damage not noted at move-in
- Upgrades or improvements beyond restoring to original condition
- Costs to fix landlord deferred maintenance
How Do I Dispute a Damage Beyond Normal Wear Deduction in New Hampshire?
If your landlord has deducted damage beyond normal wear from your deposit and you believe it is improper under N.H. Rev. Stat. Ann. § 540-A:7, here are your options:
- Send a demand letter — cite N.H. Rev. Stat. Ann. § 540-A:7 and the specific deduction you are disputing. A statute-cited demand letter puts your landlord on notice and often resolves disputes without court.
- Document everything — gather move-in and move-out photos, your lease, and any written communications with your landlord.
- File in small claims court — if your landlord ignores the demand letter, you can file in New Hampshire small claims court. No lawyer is required. The filing fee is approximately $110.
New Hampshire landlords who wrongfully withhold deposit funds face Up to 2x the wrongfully withheld amount in penalties under N.H. Rev. Stat. Ann. § 540-A:7. The deadline to return your deposit is 30 days from move-out.
Frequently Asked Questions
Can my landlord deduct damage beyond normal wear from my deposit in New Hampshire?
Yes — Damage Beyond Normal Wear is a permissible deduction in New Hampshire when properly documented.
What does N.H. Rev. Stat. Ann. § 540-A:7 say about damage beyond normal wear deductions?
Under N.H. Rev. Stat. Ann. § 540-A:7, landlords in New Hampshire may deduct for damage beyond normal wear if the charge is reasonable and supported by documentation. Physical damage to the rental unit that goes beyond normal wear and tear — such as broken fixtures, large holes, burn marks, or severe stains — is a permissible deduction if properly documented.
What happens if my New Hampshire landlord wrongfully deducts damage beyond normal wear from my deposit?
Under N.H. Rev. Stat. Ann. § 540-A:7, if your landlord wrongfully withholds your deposit, you may be entitled to Up to 2x the wrongfully withheld amount in penalties. Landlords must return the deposit within 30 days of move-out. If they miss that deadline or make improper deductions, you can send a demand letter and, if ignored, file in small claims court.
New Hampshire Security Deposit Resources
Complete breakdown of N.H. Rev. Stat. Ann. § 540-A:7: return deadlines, penalties, all deduction rules.
Enter your move-out date to calculate exactly when your New Hampshire landlord must return your deposit.
Dispute an improper damage beyond normal wear deduction with a demand letter that cites N.H. Rev. Stat. Ann. § 540-A:7 directly.
See what your state’s law says your landlord owes you, then generate a demand letter. Check my rights & generate my letter — $19
DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation. Information is based on N.H. Rev. Stat. Ann. § 540-A:7 as of 2026-06-12. Laws change — verify current statutes at your state legislature's website.