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New Hampshire tenant screening laws

Checked against the New Hampshire statutes on September 24, 2026

3 min readGeneral information, not legal advice

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Last checked September 24, 2026

Screening a New Hampshire applicant runs on state rules about fees and selection criteria, the New Hampshire fair housing law, and federal rules that apply in every state. This guide covers each one, with the New Hampshire statute behind it.

Screening an applicant?

Send a New Hampshire rental application and order screening in Rentari, with the applicant's consent and disclosures built into the flow.

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New Hampshire screening rules

Application and screening fees

Before collecting any application or renewal fee, tell the applicant in writing the amount of the fee and whether a satisfactory criminal background and credit check is required. If you collect the fee and do not rent to that applicant, return within 30 days of receiving the fee anything beyond the documented cost of the checks and reasonable administrative costs (RSA 540-A:3, VIII).

  • The law does not require you to run a criminal or credit check, and does not stop you renting to an applicant who fails one (RSA 540-A:3, VIII).
  • A landlord who breaks this rule must return all money the applicant paid with the application, plus court costs (RSA 540-A:4, IX(f)).
  • If you commission an investigative consumer report based on personal interviews about character, reputation, personal characteristics or way of life, state law requires a clear written disclosure no later than three days after first requesting it. Include the right to request the investigation's nature and scope. Confirm the report type with the provider before ordering (RSA 359-B:3, IV-V; 359-B:6, I).
  • When the consumer makes a written scope request within a reasonable time after that disclosure, give a complete, accurate written description of the investigation's nature and scope within five days after the later of receiving the request or first requesting the report. Keep the dated request, disclosure and response together, and review independent federal duties (RSA 359-B:6, II).

Fair housing

New Hampshire bars discrimination in renting because of age, sex, gender identity, race, religion, color, marital status, familial status, physical or mental disability or national origin. The equal housing right also protects sexual orientation, and rental ads may not state a preference based on it (RSA 354-A:10; RSA 354-A:8).

  • Allow reasonable modifications at the tenant's expense and reasonable accommodations in rules and policies for people with disabilities. For a rental you may, where reasonable, require the tenant to restore the interior at the end of the tenancy (RSA 354-A:11, III).
  • Exemptions include a building with no more than four households when the owner lives in one of them, and rooms in a private home where the owner or the owner's family lives, though the listing rule still applies to the first (RSA 354-A:15, II; RSA 354-A:15, III).
  • Housing for older persons that meets the statute's test is exempt from the familial status rules (RSA 354-A:15, VIII).
  • You may not evict a tenant solely because the person has AIDS or is regarded as having it (RSA 354-A:12, IV).

Federal rules that apply in every state

Alongside the New Hampshire rules above, federal law covers every rental screening.

  • Consent and purpose. Order a consumer report only for the rental the person applied for, and keep their signed authorization with the application.
  • Adverse action notice. If a report contributes to a denial, a higher deposit or rent, or a cosigner requirement, give the applicant an adverse action notice. It names the reporting agency, says the agency did not make the decision, and explains the right to a free copy of the report and to dispute it.
  • Fair Housing Act. Federal law bars rental decisions based on race, color, religion, sex, national origin, familial status or disability. Many states, including New Hampshire as described above, add their own protections.
  • Same criteria for everyone. Write your income, credit, rental history and criminal history criteria before you list, and apply them to every applicant in the same order.

Steps for a fair screening

  1. Publish your criteria

    Write the criteria you will use and share them with every applicant before they apply.

  2. Get consent first

    Collect the completed application and written authorization before you order any report.

  3. Check the fee rules

    Charge only what the New Hampshire rules above allow, and refund when they require it.

  4. Decide and record

    Record the reason for each decision, and send the adverse action notice when a report played a part.

Legal help in New Hampshire

Questions

What must I tell applicants about application fees?

Before collecting a fee, state in writing the amount and whether a satisfactory criminal background and credit check is required. If you do not rent to the applicant, return within 30 days of receiving the fee anything beyond the documented check costs and reasonable administrative costs (RSA 540-A:3, VIII).

More for New Hampshire landlords

New Hampshire Landlord-Tenant Law

Learn more about New Hampshire landlord-tenant law

Every New Hampshire rental rule in one guide: deposits, notices, repairs, entry and eviction, each cited to its statute.

New Hampshire Rental Application

Learn more about the New Hampshire rental application

Send a New Hampshire rental application online and follow the state's rules on application fees, screening and fair housing.

New Hampshire Lease Agreement

Learn more about the New Hampshire lease agreement

See what the Rentari New Hampshire lease includes, with each rule cited.

More New Hampshire guides

General information, not legal advice. Checked against the New Hampshire statutes on the Legislature's own site on September 24, 2026; no attorney review is recorded. Laws change, so confirm the current text through the links above or with a New Hampshire attorney.

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