Conway is a Carroll County town in the Mount Washington Valley, home to the Mount Washington Valley housing market — a mix of year-round residents, seasonal workers, and vacation rental properties. The area's tourism-driven economy means renters often face tight seasonal availability and can be particularly vulnerable to rent increases or displacement. Understanding your rights under New Hampshire state law is essential for any Conway renter.
New Hampshire's landlord-tenant framework is governed primarily by RSA 540 (Landlord and Tenant) and RSA 540-A (Prohibited Practices by Landlords). These statutes set the ground rules for security deposits, eviction procedures, and prohibited landlord behavior. Conway has no additional local tenant protection ordinances beyond state law, so RSA 540 and RSA 540-A represent the full scope of your legal protections as a renter here.
This guide summarizes your key rights as a Conway renter, including deposit rules, habitability protections, eviction procedures, and where to get help. This page is for informational purposes only and is not legal advice — if you face an eviction or serious dispute, contact a licensed New Hampshire attorney or a free legal aid provider.
Conway has no rent control, and New Hampshire state law does not authorize or require any municipality to enact rent control. Unlike some states that empower cities to regulate rents, New Hampshire's landlord-tenant statutes under RSA 540 are silent on rent stabilization, and no New Hampshire city or town — including Conway — has ever enacted a local rent control ordinance.
In practice, this means your landlord can raise your rent by any amount at the end of a lease term or, for month-to-month tenancies, with at least 30 days' written notice under RSA 540:2. There is no cap on how large a rent increase can be and no requirement that the landlord justify the increase. Renters in Conway's seasonal resort market should be especially attentive to lease renewal terms and any mid-year rent adjustment provisions in their lease agreements.
If you receive a rent increase notice, review your lease carefully to confirm the proper notice period was given and that the increase does not violate any agreed-upon lease terms. While you cannot legally challenge the amount of the increase under New Hampshire law, you may negotiate with your landlord or choose not to renew your tenancy.
New Hampshire's core tenant protections under RSA 540 and RSA 540-A apply fully to Conway renters. The following key protections are in effect:
Implied Warranty of Habitability: New Hampshire courts recognize an implied warranty of habitability, requiring landlords to maintain rental units in a condition fit for human habitation. This includes functioning heat, plumbing, and structural integrity. If your unit has serious code violations, contact the Conway Building Department or Carroll County housing inspector to document and report the issue — municipal code enforcement is often the most effective path to obtaining repairs.
Security Deposit Rules (RSA 540-A:5 & 540-A:6): Security deposits are capped at one month's rent or $100, whichever is greater. Landlords must return the deposit within 30 days of move-out along with an itemized written statement of any deductions. Failure to comply entitles the tenant to double the amount wrongfully withheld.
Notice to Terminate (RSA 540:2): For month-to-month tenancies, landlords must provide at least 30 days' written notice before terminating the tenancy. Tenants must provide the same notice when vacating. Fixed-term leases end at the agreed date unless renewed.
Anti-Retaliation Protection (RSA 540:13-a): Landlords may not retaliate against tenants for reporting housing code violations, complaining to a government authority, or exercising any right under the law. Retaliatory acts include rent increases, eviction notices, and reduction of services. A court may presume retaliation if adverse action occurs within 90 days of protected activity.
Prohibition on Self-Help Eviction (RSA 540-A:2 & 540-A:3): It is illegal for a landlord to lock out a tenant, remove doors or windows, shut off utilities, or remove the tenant's personal property as a means of forcing the tenant to leave. These acts are prohibited regardless of whether the tenant owes back rent.
Under RSA 540-A:5, a landlord in Conway may collect a security deposit of no more than one month's rent or $100, whichever is greater. There is no mechanism allowing a landlord to collect a larger deposit, and any amount collected above this cap may be recoverable by the tenant.
Upon move-out, the landlord has 30 days to return the security deposit along with a written itemized statement of any deductions (RSA 540-A:6). Permissible deductions include unpaid rent, damage beyond normal wear and tear, and other costs specifically permitted by the lease. Cosmetic wear, minor scuffs, and routine cleaning that would be expected after normal use are generally not valid deductions.
If your landlord fails to return the deposit or the itemized statement within 30 days — or makes deductions that are not properly itemized or are unjustified — you are entitled to double the amount wrongfully withheld as damages under RSA 540-A:6. To protect yourself, document the condition of the unit with photos and video at both move-in and move-out, provide a forwarding address in writing, and keep copies of all communications with your landlord.
Disputes over security deposits are typically filed in New Hampshire District Court (Small Claims). New Hampshire Legal Assistance (nhla.org) can help low-income tenants navigate these claims at no cost.
Evictions in Conway follow the procedures established by RSA 540 (Landlord and Tenant Act). A landlord cannot remove a tenant without following the proper legal process — self-help eviction is strictly prohibited under RSA 540-A:2.
Step 1 — Written Notice: Before filing for eviction, the landlord must serve the tenant with written notice. The required notice period depends on the reason for eviction. For nonpayment of rent, the landlord must provide a 7-day Demand for Rent (RSA 540:3). For lease violations other than nonpayment, a 30-day notice is typically required. For termination of a month-to-month tenancy without cause, the landlord must provide at least 30 days' written notice under RSA 540:2.
Step 2 — Filing a Writ of Summons: If the tenant does not comply with the notice (by paying rent, curing the violation, or vacating), the landlord may file a Writ of Possession (Writ of Summons) in Carroll County District Court. The tenant will be served with the writ and scheduled for a hearing, typically within 8–15 days of service.
Step 3 — Court Hearing: Both parties appear before a judge. The tenant has the right to present defenses, including improper notice, retaliation, or habitability issues. If the landlord prevails, the court issues a Writ of Possession. The tenant typically receives a brief period (often 72 hours to a week) to vacate voluntarily before the sheriff enforces the writ.
Step 4 — Enforcement: Only a court-authorized sheriff or officer may physically remove a tenant. The landlord may not change locks, remove the tenant's belongings, or shut off utilities at any point in this process. Doing so is a violation of RSA 540-A:2 and RSA 540-A:3, and may expose the landlord to civil liability.
Good Cause Required for Most Rentals: Contrary to a common misconception, New Hampshire does not permit no-cause termination of "restricted" property — which includes most non-owner-occupied residential rentals. To end or refuse to renew such a tenancy, the landlord must have one of the statutory good-cause grounds enumerated in RSA 540:2, II (for example, nonpayment of rent, substantial damage to the premises, behavior that adversely affects the health or safety of other tenants, or another substantial violation of the lease). Only "nonrestricted" property under RSA 540:1-a — such as owner-occupied buildings of four or fewer units, owners of three or fewer single-family homes, and certain bank-held foreclosed property — may be terminated without cause, and then only with at least 30 days' written notice under RSA 540:3. Any termination must still be non-retaliatory (RSA 540:13-a) and non-discriminatory.
The 30-day no-cause notice applies only to "nonrestricted" property. The 30-day no-cause termination notice described above is available only for "nonrestricted" property under RSA 540:1-a (for example, owner-occupied buildings of four or fewer units). For "restricted" property — most non-owner-occupied rentals — a landlord cannot terminate the tenancy without one of the statutory good-cause grounds in RSA 540:2, II, so giving notice alone is not enough; the notice periods themselves are set by RSA 540:3, not RSA 540:2.
2026 update — HB60 (effective July 1, 2026): HB60 amends RSA 540:2 to add the expiration of a written residential lease term of 12 months or longer (including cumulative renewals reaching 12 or more months) as a good-cause ground for not renewing a "restricted"-property tenancy. The landlord must give at least 60 days' written notice of non-renewal and must file any eviction (possessory) action within six months of the lease expiration. Such no-fault, end-of-lease non-renewals are excluded from a tenant's reportable eviction history for tenant-screening purposes. Confirm the codified text of RSA 540:2 on or after July 1, 2026.
This page is for informational purposes only and does not constitute legal advice. Tenant rights laws are subject to change, and the applicability of any law depends on the specific facts of your situation. If you are facing eviction, a security deposit dispute, or another serious landlord-tenant issue, consult a licensed New Hampshire attorney or contact New Hampshire Legal Assistance (nhla.org) for free legal aid. Always verify current statutes and local ordinances independently or with the help of a qualified professional.
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