Massachusetts vs New Hampshire: Security Deposit Laws Compared
| Aspect | Massachusetts | New Hampshire |
|---|---|---|
| Return Deadline | 30 days | 30 days |
| Maximum Deposit | 1 month | 1 month |
| Itemization Required | Yes | Yes |
| Interest Required | Yes | Yes |
| Statute | Mass. Gen. Laws ch. 186, § 15B | N.H. Rev. Stat. §§ 540-A:5 to 540-A:8 |
| Penalty for Violation | 3x the deposit plus interest, court costs, and attorney's fees. | Willful violation entitles tenant to 2x the wrongfully withheld amount plus interest, plus court costs and attorney's fees. Failure to properly hold deposit may also violate the Consumer Protection Act. |
Which state is more tenant-friendly?
“Tenant-friendly” depends on which factor matters most to you. A shorter return deadline favors tenants who want their money back fast. A lower maximum deposit favors tenants moving in. Stronger penalties for violations help if you end up in a dispute. Required interest helps over long tenancies.
For a typical renter, the most-watched signal is the return deadline. By that measure:
- Massachusetts: 30 days to return (Mass. Gen. Laws ch. 186, § 15B)
- New Hampshire: 30 days to return (N.H. Rev. Stat. §§ 540-A:5 to 540-A:8)
What you need to know about each state
Massachusetts
One of the strictest security deposit statutes in the US. Many technical requirements on landlords.
Full Massachusetts security deposit law →
New Hampshire
Cap: 1 month's rent OR $100, whichever is greater. Statute EXEMPTS: (1) landlords renting a single-family residence who own no other rental property, and (2) owner-occupied buildings with 5 or fewer units (unless any unit houses a tenant 60+, in which case the law applies). Deposit must be in NH bank account, separate from personal funds. Tenant receives receipt noting where funds held, and has 5 days to note pre-existing defects.
FAQ
- Which state is more tenant-friendly for security deposits, Massachusetts or New Hampshire?
- Massachusetts requires landlords to return deposits within 30 days, while New Hampshire requires 30 days. Both states share the same return deadline. Other factors like maximum deposit caps and statutory penalties also matter — see the comparison table below.
- What is the difference in maximum security deposit between Massachusetts and New Hampshire?
- Massachusetts: 1 month of rent. New Hampshire: 1 month of rent.