Typical pet deposits in New Hampshire

[Eric Monkewicz]

Hello, I am looking for advice on what are some typical legal options in NH for implementing a pet deposit in the lease. Do you charge X amount per month? X amount per additional animal? Or would you have an increased security deposit paid for up front? 

Any advice is much appreciated, thank you!

Sincerely,

Eric

[Matt Lefebvre]

@Eric Monkewicz pet deposits are NOT allowed in New Hampshire.  The following comes directly from the NH Department of Justice's website:

"New Hampshire's law on security deposits (RSA 540-A) defines a security deposit as any money that a tenant gives to his or her landlord other than the monthly rental payment. The name given to the payment - cleaning deposit, last month's rent in advance, etc. - does not matter. The amount is a "security deposit" if it is anything other than the monthly rent.  
In New Hampshire, a landlord who owns more than six units can ask for no more than one month's rent or $100, whichever is larger, as a security deposit. The landlord must keep security deposits in a special escrow account or post a bond with the local municipality to secure repayment."

This means that you cannot keep a pet deposit because in the eyes of the law, a pet deposit = a security deposit.  A security deposit cannot exceed one month's rent or $100... whichever is greater.  Just to make sure the part about "a landlord who owns more than six units" is clear, the website further clarifies the only exception to the above rule are the following three circumstances:

"RSA 540-A:5 defines the legal relationship between landlords and tenants so that both will be treated fairly. It applies to all tenants except:

• Tenants who rent a single family home from a landlord who owns no other property;
• Tenants under the age of 60 who live in a building with less than six apartments and whose landlord lives in the same building;
• Tenants renting business, vacation or recreational property (but the law may cover some mobile homes and mobile home spaces)."

So you would have to LIVE in the same building as the tenant for their to be any exception to the security deposit law (as long as its less than 6 units) and as long as you continue living in the building, you meet that criteria.  As soon as you move out, you no longer meet those exceptions. 

In a nutshell, charge a monthly pet rent because pet deposits are fees are not allowed in NH.  $50/mo/dog or something to that effect should cover you if you so choose to rent to tenants with pets.