Is it legal to require a tenant to pay first/last month’s rent and a security deposit prior to signing the lease?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal to require a tenant to pay first/last month’s rent and a security deposit prior to signing the lease?
In NH.
Asked on April 4, 2011 under Real Estate Law, New Hampshire
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
New Hampshire laws use a barometer of how many units a landlord has in order to determine the security deposit. Under the law, a landlord who owns more than six units can ask for no more that 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. The information I have found does not specifically discuss fewer than 6 units, so I would contact a tenant's rights organization. But it should all happen simultaneously with signing the lease agreement. Do not give your landlord the money until the lease is signed. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.