Security deposit - New Hampshire

This is a discussion on Security deposit - New Hampshire within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Can a landlord renting out a home ask for first and last months rent plus an equal security deposit? So ...

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Old Aug 15th, 2007, 01:18 PM   #1
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Default Security deposit - New Hampshire

Can a landlord renting out a home ask for first and last months rent plus an equal security deposit? So that's three months of rent up front. I have tried finding a law explaining this for NH. No luck.
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Old Aug 16th, 2007, 07:18 PM   #2
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Default re: Security deposit - New Hampshire

It is normally not illegal but you need not agree.
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Old Aug 16th, 2007, 11:48 PM   #3
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Default re: Security deposit - New Hampshire

Some states consider the last month's rent as a form of deposit. If your state considers the last month in this manner, and the total of the last month's rent and deposit exceed the total amount of deposit allowed by your state law, it would not be legal.

In your state, the deposit limit is one month's rent unless you and the LL share facilities. (If you do share facilities he may take a bigger deposit so long as he follows special rules.) Assuming you do not share facilities, since the allowable deposit is one month's rent, your only question now is whether the last month's rent is considered a form of deposit or not in your state. I don't know that answer as I am not that familiar with how they are treated there. Check through your state's LL-Tenant law and see if you can find out if they are a form of deposit or not. That should give you the answer you seek.
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