⚡ New Hampshire Quick Facts
Your Rights as a New Hampshire Tenant with a Pet
New Hampshire tenants with pets face unique challenges. Understanding your rights under RSA 540 and the federal Fair Housing Act is your first line of defense against unlawful landlord pet fee practices.
What New Hampshire Law Actually Says
New Hampshire's landlord-tenant law is governed by RSA 540. The deposit cap is: 1x monthly rent (or $100, whichever is greater).
Under the federal Fair Housing Act, emotional support animals and service animals are not classified as pets. This means that regardless of state law, landlords in New Hampshire cannot charge pet deposits, pet fees, or monthly pet rent for documented ESAs or service animals. This federal protection overrides any state or local pet policy.
Tenants with conventional pets in New Hampshire may be subject to pet deposits and pet rent as described above. Always review your lease carefully to understand what charges are designated as refundable versus non-refundable.
Emotional Support Animals: New Hampshire Landlords CANNOT Charge Fees
Under the federal Fair Housing Act (FHA) and HUD guidelines, emotional support animals (ESAs) and service animals are not classified as "pets." This means:
- Landlords cannot charge pet deposits for an ESA or service animal
- Landlords cannot charge monthly pet rent for an ESA
- Landlords cannot require PetScreening or similar paid screenings for ESAs
- Landlords can request documentation from a licensed mental health professional — but this documentation must be reasonable and is limited in scope
- Landlords cannot demand your specific diagnosis, medical records, or charge an application fee for ESA accommodation requests
What New Hampshire Landlords CANNOT Do
- Charge pet fees, deposits, or pet rent for documented ESAs or service animals
- Require ESA owners to use paid third-party pet screening services
- Deny housing to someone with a documented ESA in a no-pets building
- Retaliate against a tenant for asserting Fair Housing rights
- Demand your medical records, specific diagnosis, or more documentation than legally permitted
What New Hampshire Landlords CAN Legally Do
- Charge pet deposits for conventional pets (subject to any state caps)
- Charge monthly pet rent for conventional pets (not ESAs)
- Enforce no-pet clauses for conventional pets
- Request reasonable ESA documentation from a licensed mental health professional
- Restrict certain breeds or sizes for conventional pets (not ESAs)
If Your New Hampshire Landlord Violated Your Rights
Document Everything
Save all emails, texts, lease clauses, payment receipts, and any written communication about your pet or ESA.
File with NH Commission for Human Rights (NHCHR)
Submit a complaint at NH Commission for Human Rights (NHCHR). This is the primary enforcement agency for fair housing in New Hampshire.
Get Legal Help
Contact your local legal aid organization in New Hampshire. Fair Housing cases can result in damages, attorney fees paid by the landlord, and civil penalties.
Free HUD Complaint Letter Template
Copy and customize this template for your HUD complaint or direct communication with your landlord. Replace all [BRACKETED] placeholders with your actual information.