New Hampshire Small Claims Court

How to Sue Your Landlord in New Hampshire Small Claims Court

New Hampshire gives landlords 30 days to return your deposit. If they missed it, you may be entitled to your full deposit back plus damages in penalties. Here's how to file.

New Hampshire Small Claims — Quick Facts

Filing Fee

$45–$100

Max Claim

$10,000

Hearing Timeline

3060 days

Attorney Allowed

Yes

Penalty

May forfeit right to retain deposit; liable for damages

Statute

N.H. Rev. Stat. § 540-A:7

Step-by-Step: Filing in New Hampshire

1

Calculate what you're owed

Confirm your landlord missed New Hampshire's 30-day deadline. If they did, calculate your deposit plus any penalties you're entitled to under N.H. Rev. Stat. § 540-A:7.

Calculate your New Hampshire deadline →
2

Send a demand letter first

New Hampshire courts look favorably on tenants who attempted resolution before filing. Send a formal demand letter citing N.H. Rev. Stat. § 540-A:7 and the specific amount owed. Give your landlord 7–14 days to respond.

Generate a New Hampshire demand letter →
3

Gather your evidence

Upload photos, your lease, and any communication with your landlord. You'll need move-in and move-out photos, proof your demand letter was sent, and any deduction statements your landlord provided.

Organize your evidence →
4

File your claim

File at the District Court where the property is located. The filing fee is $45–$100 depending on your claim amount. You can recover this fee if you win.

Find your New Hampshire court →
5

Serve your landlord

New Hampshire accepts the following service methods: Certified mail, Process server, Sheriff. You cannot serve the papers yourself — have someone else deliver them or use a professional service.

6

Present your case

Bring copies of everything: your lease, photos, demand letter with proof of mailing, and any communication with your landlord. Present your case clearly and stick to the facts.

Prepare for your hearing →

What You Can Claim in New Hampshire

+

Your full security deposit

The amount your landlord failed to return

+

Interest on your deposit

New Hampshire requires landlords to pay interest: Interest at rate paid by bank

+

Filing fee reimbursement

The court can order your landlord to reimburse your filing costs

Example: If your landlord withheld a $1,500 deposit in bad faith in New Hampshire, you could recover up to $3,000 (deposit + 1x penalty) plus your filing fee.

New Hampshire Small Claims FAQ

Do I need a lawyer for New Hampshire small claims court?

New Hampshire allows attorneys in small claims court, but most tenants represent themselves successfully. The process is designed for people without legal training.

How long does New Hampshire small claims court take?

After filing, your hearing is typically scheduled within 30–60 days. The hearing itself usually takes 15–30 minutes. The judge often rules the same day.

What if my landlord doesn't show up to court in New Hampshire?

You win by default. The court will enter a default judgment for the amount you requested, assuming your claim is reasonable and supported by evidence.

How much can I sue for in New Hampshire small claims court?

New Hampshire small claims court handles cases up to $10,000. For security deposits, you can claim your full deposit plus any applicable penalties under N.H. Rev. Stat. § 540-A:7.

Ready to take action?

Start by calculating your exact deadline and what you're owed. Then generate a demand letter — most landlords respond before you ever need to file.

Last updated: March 12, 2026Reviewed for accuracy by a licensed attorney