New Hampshire security deposit law
What counts as normal wear and tear in New Hampshire?
The short answer
The deterioration of normal living: worn carpet paths, faded paint, minor scuffs, small nail holes. In New Hampshire, landlords cannot deduct for it under RSA § 540-A:7; they can only charge for damage beyond it.
Normal wear and tear is what happens to a home simply because people live in it, and in New Hampshire it cannot be deducted from your deposit under RSA § 540-A:7.
Wear and tear (not chargeable): carpet worn along walking paths, paint faded by sun or aged past its lifespan, minor scuffs and nail holes, loose door handles, worn finishes. Damage (chargeable): pet stains, burns, large holes, broken fixtures, unauthorized paint, and filth requiring more than routine cleaning.
The distinction that decides disputes: time and normal use versus negligence or abuse. A five-year tenancy naturally consumes carpet and paint life; charging a long-term tenant full replacement cost is the classic overreach, and courts apply useful-life depreciation, so even genuine damage to old carpet is not worth new-carpet prices.
Evidence wins these arguments: move-in photos, move-out photos, and the walkthrough report. A tenant who can show the scuff existed at move-in, or that the "damage" is ordinary aging, is in a strong position.
If your deductions are really wear and tear in disguise, challenge them in a demand letter that names each charge, states why it is ordinary wear under New Hampshire law, and demands that portion back. Landlords defending wear-and-tear charges in District Division — Small Claims usually lose, and their lawyers know it.
The New Hampshire rules at a glance. Governing statute: RSA § 540-A:7. Return deadline: 30 days. Statutory damages: up to 2x the deposit for wrongful withholding. Attorney's fees: recoverable in qualifying cases. Court for disputes: District Division — Small Claims, claims up to $10,000.
Looking for the rules beyond this state? Can a landlord charge for cleaning, painting or carpet replacement?
See what your landlord owes you under New Hampshire law.
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