What are the laws governing the return of a security deposit after a tenant moves out?
In New Hampshire, the laws governing the return of a security deposit after a tenant moves out are laid out in the statute RSA 540:2. This statute states that a landlord must, within 30 days of the termination of the rental agreement, return the security deposit and provide a statement of any deductions made from the security deposit to the tenant. The statement must include the amount of the security deposit, any deductions taken from the security deposit, and any remaining balance. If deductions were taken from the deposit, the landlord must provide an itemized list of the repairs and/or cleaning that were performed and the cost of each item. The landlord is allowed to deduct funds from the security deposit in order to repair any damage the tenant caused while in the rental unit, or if the rental unit was left in an unclean state. The landlord cannot deduct funds to cover wear and tear, such as fading paint or carpets that need to be replaced. If the landlord withholds any portion of the security deposit, the tenant may be able to file a complaint with the New Hampshire Bureau of Consumer Protection, who will investigate any violations of RSA 540:2.
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