New Hampshire · Security deposit dispute

Security deposit dispute in New Hampshire small claims

Landlord kept your deposit? Take it to small claims.

If your landlord did not return your security deposit, or kept part of it without a proper itemized reason, small claims court is the usual place to get it back. Most states require the landlord to return the deposit (or send an itemized list of deductions) within a set number of days after you move out. Because that specific deadline varies by state and is not a filing statute of limitations, verify it with your court or state housing agency before you rely on it.

In New Hampshire, small-claims cases are heard in the Circuit Court, District Division and you can sue for up to $10,000.

Security deposit dispute: steps that matter

  1. Document the unit's condition at move-out (photos, video, a signed walkthrough) and keep your lease and move-in records.
  2. Send the landlord a written demand for the deposit, with your forwarding address, and keep proof you sent it.
  3. Check your state's deposit-return rules (how many days the landlord had, and whether an itemized statement was required) with your court or state housing agency.
  4. If the deposit is not returned, file in small claims within the deadline below and bring your lease, photos, and demand letter.

Filing your Small Claim Complaint (Form NHJB-2370-DE) in New Hampshire

  1. Complete the Small Claim Complaint. Fill out the Small Claim Complaint (NHJB-2370-DE) stating your relationship to the defendant, why money is owed, and the amount. Consumer-credit claims also need a Statement of Consumer Debt (NHJB-2875-DE). Claims over $10,000 must be filed as a civil writ.
  2. E-file through TurboCourt. E-filing is mandatory in small claims; self-represented filers use TurboCourt (Rule 4.1), unless an exemption is granted.
  3. Pay the filing fee. The claim is not considered filed until the fee is paid: $125 for claims of $5,000 or less, $180 for $5,001 to $10,000. Waivers require a showing of extraordinary circumstances.
  4. Court serves notice on the defendant. The court mails notice of the claim to the defendant by first-class mail (Rule 4.2). If it is returned undeliverable, you must supply a new address or arrange sheriff service, or the case may be dismissed after 60 days.
  5. Await the response and hearing. The defendant files a Response by the date on the notice. No response can mean a default judgment; a disputed claim is set for a hearing with relaxed evidence rules.

Filing fees: Fees are set statewide by the Judicial Branch, not the county: $125 for a claim of $5,000 or less and $180 for $5,001 to $10,000, effective 07/01/2025. A jury-trial or transfer fee is $145. Fees are waived only on a showing of extraordinary circumstances (Rule 4.1).

Deadline that applies to your security deposit dispute

A security-deposit claim is generally treated as a contract claim (your lease), so the contract statute of limitations below is the usual outer deadline to sue. Many states ALSO set a separate, shorter deadline for the landlord to return or itemize the deposit — that landlord deadline is set by your state's landlord-tenant statute, not shown here, so confirm it with your court or state consumer/housing agency.

Written contract: 3 years (RSA 508:4, I)

Answering a lawsuit: By the response date on the court's notice: 30 days from the mailing date when the defendant is served by first-class mail, or by the court's return date (at least 45 days out) if served as in other actions at law.

Serving the defendant: The court, not the plaintiff, first serves the defendant by mailing the notice first-class. If it is returned undeliverable, the court tells you, and you may supply a new address or request sheriff service under RSA 510. If you do not act within 60 days, the case is dismissed.

Appeals: Either party against whom judgment is entered may appeal to the New Hampshire Supreme Court on issues of law only, within 30 days of the judgment or the clerk's notice of it, whichever is later.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: New Hampshire Judicial Branch: Small Claims. Last reviewed 2026-06-24.