Legal Question in Landlord & Tenant Law in New Hampshire

Our tenants informed us, and left 2 months before the term of the lease was up. We have a signed rental agreement with them. We found new tenants to move in right away. By NH law do we have to return the first tenants security deposit?


Asked on 1/14/11, 9:42 am

1 Answer from Attorneys
Stephanie Burnham Burnham & Associates, Attorneys at Law, PLLC

Yes. Please see New Hampshire Revised Statutes Annotated 540-A:7. Landlord-Tenant law in New Hampshire is very strict. You must provide an itemization of damages to the property to the Tenant and refund any balance of the Security Deposit. Under other circumstances, had the Tenant left and you not been able to replace the Tenant you may have been able to sue for the balance of the Lease term. Since you were able to replace the Tenant, and unless the new Tenant is paying less, you do not have "damages" that a Court would be able to award you for the Tenant's breach of the Lease.

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Answered on 1/19/11, 11:08 am


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