Last updated: April 2026
Derry renters rely on New Hampshire state law for core protections. There is no local rent control, but RSA 540 and RSA 540-A set clear rules on deposits, notice, and eviction that every renter in Rockingham County should know.
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Derry is one of New Hampshire’s larger towns, located in Rockingham County with a significant renter population across its residential neighborhoods. Like every other municipality in New Hampshire, Derry has not enacted any local tenant protection ordinances — tenant rights here are governed entirely by state law, primarily RSA Chapter 540 and RSA Chapter 540-A.
New Hampshire’s landlord-tenant framework provides a defined set of protections: a statutory cap on security deposits, a 30-day deadline for deposit returns, anti-retaliation protections, and a strict prohibition on self-help evictions. There is no rent control anywhere in the state. Understanding these baseline rules is especially important for Derry renters in a market where many landlords operate without formal property management structures.
This article is for informational purposes only and does not constitute legal advice. For help with an eviction, deposit dispute, or habitability issue, contact New Hampshire Legal Assistance (nhla.org) or a licensed New Hampshire attorney.
Derry has no rent control ordinance, and no municipality in New Hampshire does. New Hampshire has never enacted any statewide or local rent stabilization law. RSA Chapter 540, which governs residential tenancies throughout the state, contains no limits on rent increases or on the amount a landlord may charge.
A landlord in Derry can raise rent by any amount, provided they give the required advance written notice. For month-to-month tenants, that is at least 30 days under RSA 540:2. Tenants in fixed-term leases are protected for the duration of the lease term, but at renewal the landlord may offer any new rent amount they choose. There is no local board to appeal to and no formula limiting how much rent can increase.
New Hampshire law provides several important protections for Derry renters under RSA Chapters 540 and 540-A.
Implied Warranty of Habitability: New Hampshire courts recognize an implied warranty of habitability in residential leases. Landlords must maintain units in a condition fit for human habitation, including functioning heat and plumbing. Tenants can file a complaint with local code enforcement to trigger an official inspection.
Security Deposit Rules (RSA 540-A:5–6): Deposits are capped at one month’s rent or $100, whichever is greater. Landlords must return the deposit within 30 days after the tenancy ends with an itemized written statement of any deductions. Wrongful withholding triggers double-damage liability under RSA 540-A:6.
Notice to Terminate (RSA 540:2): Either party must give at least 30 days’ written notice to end a month-to-month tenancy. A landlord who skips this step cannot validly proceed to eviction for non-renewal.
Anti-Retaliation Protection (RSA 540:13-a): A landlord may not evict, raise rent, or reduce services in retaliation for a tenant reporting code violations, organizing with other tenants, or exercising any legal right. Adverse action within six months of a protected act creates a presumption of retaliation.
Prohibition on Self-Help Eviction (RSA 540-A:2–3): Landlords cannot change locks, shut off utilities, or remove a tenant’s belongings without a court order. Violations carry a $1,000 civil penalty per violation under RSA 540-A:4.
Security deposit rules in Derry are governed by RSA 540-A:5 and RSA 540-A:6.
Cap on Amount: A landlord may not collect more than one month’s rent or $100, whichever is greater, as a security deposit (RSA 540-A:5, I). Any lease provision requiring a higher deposit is unenforceable.
Holding and Accounting: The landlord must provide a written receipt and hold the deposit in a separate account. Before or at move-in, the landlord must give a written statement of the unit’s condition and any existing damage (RSA 540-A:5, II).
Return Deadline: The landlord must return the deposit within 30 days after the tenancy ends, with a written itemized statement of deductions for damages beyond normal wear and tear (RSA 540-A:6, I).
Penalty for Wrongful Withholding: Failure to return the deposit on time or wrongful withholding entitles the tenant to double the withheld amount plus reasonable attorney’s fees (RSA 540-A:6, II). Always provide your forwarding address in writing at move-out and document the unit’s condition with photos.
Derry landlords must follow the formal eviction process under RSA Chapter 540. Self-help eviction — including changing locks, removing belongings, or cutting off utilities without a court order — is illegal under RSA 540-A:2 and carries a $1,000 per-violation civil penalty.
Step 1 — Written Notice: For nonpayment of rent, the landlord must serve a 7-day written demand for payment or possession (RSA 540:3). To terminate a month-to-month tenancy without cause, the landlord must give 30 days’ written notice (RSA 540:2).
Step 2 — Filing in Court: If the tenant does not vacate within the notice period, the landlord files a Landlord-Tenant Writ with the New Hampshire Circuit Court — District Division serving Rockingham County.
Step 3 — Hearing: The court schedules a hearing, typically within 7–14 days. Tenants may raise defenses including improper notice, rent payment, retaliation, or habitability.
Step 4 — Writ of Possession: If the court rules for the landlord, a Writ of Possession is issued. A sheriff must enforce it; the landlord cannot physically remove the tenant unilaterally.
No. Derry has no rent control ordinance, and no city or town in New Hampshire does. RSA Chapter 540 contains no limits on rent amounts or increases. Landlords may raise rent by any amount with proper advance written notice.
There is no legal cap on rent increases in Derry or anywhere in New Hampshire. For a month-to-month tenancy, your landlord must give at least 30 days’ written notice before a rent increase takes effect under RSA 540:2. For a fixed-term lease, the rent cannot be raised during the lease term unless the lease explicitly allows it.
Your landlord must return your security deposit within 30 days after your tenancy ends, along with an itemized written statement of deductions, under RSA 540-A:6. Wrongful withholding entitles you to double the amount withheld plus reasonable attorney’s fees. Always give your forwarding address in writing when you move out.
For nonpayment of rent, the landlord must give a 7-day written demand under RSA 540:3. To terminate a month-to-month tenancy without cause, the landlord must give at least 30 days’ written notice under RSA 540:2. The landlord must then file in the New Hampshire Circuit Court and obtain a court order before you can be removed.
No. Under RSA 540-A:2, landlords cannot change locks, remove doors or windows, shut off utilities, or remove a tenant’s belongings to force them out. A landlord who does so is liable for actual damages plus a $1,000 civil penalty per violation under RSA 540-A:4.
New Hampshire recognizes an implied warranty of habitability. Notify your landlord in writing of the needed repair. If they fail to act, file a complaint with Derry’s code enforcement office to trigger an inspection and citation. Landlords who retaliate against tenants for reporting violations are liable under RSA 540:13-a.
This article is provided for informational purposes only and does not constitute legal advice. The information reflects laws and regulations as of April 2026, but landlord-tenant law can change. For advice specific to your circumstances, consult a licensed New Hampshire attorney or contact New Hampshire Legal Assistance (nhla.org). RentCheckMe makes no representations regarding the completeness, accuracy, or applicability of this information to any individual case.
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