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.
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 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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