Pet Deposits, Pet Rent & ESA Rules in New Hampshire 2026
State pet-deposit treatment, federal Fair Housing Act assistance-animal rules, and what New Hampshire landlords can and cannot ask.
In New Hampshire you can set almost any pet policy you want for ordinary pets, but service animals and emotional support animals sit outside that policy entirely. They are treated as a disability accommodation under the federal Fair Housing Act and the state Law Against Discrimination (RSA 354-A), not as pets. That distinction controls what you can charge, what you can ask for, and when you can say no.
New Hampshire adds no assistance-animal rules beyond the federal baseline, but it does have one state twist that trips landlords up: the security-deposit cap in RSA 540-A:6 folds any pet deposit into a single ceiling. This page walks through where your discretion ends and the accommodation rules begin.
How New Hampshire Treats Pet Deposits
Security deposit capped at 1 month's rent or $100, whichever is greater. Pet deposits count toward this cap; no separate pet deposit allowance.
Ordinary pets: your policy governs
New Hampshire has no statute that caps pet rent, requires you to allow pets, or limits breed and weight restrictions for ordinary companion animals. You are free to run a no-pets building, cap the number of animals, restrict breeds, or charge pet rent, and to write those terms into the lease.
The one hard state limit is the deposit. Under RSA 540-A:6, the total security deposit you hold cannot exceed the greater of one month's rent or $100. A "pet deposit" is not a separate bucket in New Hampshire: it counts inside that cap. If you already collect a full month's rent as a standard deposit, you cannot layer a pet deposit on top. Charging recurring monthly pet rent, by contrast, is not a deposit and is allowed. Deposits must be returned within 30 days of the tenancy ending with an itemized statement of any deductions.
Service animals vs. emotional support animals
The two categories are not the same, and the difference matters for what you can require. A service animal is individually trained to do work or perform tasks for a person with a disability, such as guiding, alerting, or retrieving. An emotional support animal (ESA) provides disability-related benefit through its presence and needs no task training.
The ADA, which many landlords have heard of, only recognizes trained service dogs (and in limited cases miniature horses) and mainly applies to public accommodations. In rental housing the governing law is the broader Fair Housing Act and RSA 354-A, which cover both service animals and ESAs of any species reasonable to the disability. Do not apply the narrow ADA "dog only" test to a housing request.
Accommodation duty: no pet policy, no pet charges
When a tenant with a disability needs a service animal or ESA, you must grant a reasonable accommodation even in a no-pets building, and you must relax breed, weight, and species restrictions where the animal is otherwise suitable. Because an assistance animal is not a pet, you cannot charge a pet fee, pet rent, or pet deposit for it under both the FHA and RSA 354-A.
You are not giving up your right to a well-kept unit. The tenant remains fully liable for any actual physical damage beyond normal wear and tear, which you can pursue like any other damage. You may also deny or remove an animal that poses a direct threat to others or would cause substantial property damage, but that must rest on the specific animal's conduct, not on breed reputation or speculation.
When you can ask for documentation
You may verify a request, but only within limits. If the disability and the disability-related need for the animal are both obvious, you cannot demand paperwork. If either is not apparent, you may ask for reliable documentation from a licensed provider confirming the disability and the need for the animal.
What you cannot do: require a specific national-registry certificate, demand the animal's training records or medical history, ask for details of the diagnosis, or insist the animal wear identification. Treat the request like any other accommodation, respond promptly, and engage in an interactive dialogue rather than a flat denial, because delay and stonewalling are themselves treated as denial.
Exemptions and enforcement
A narrow set of small owner-occupied properties fall outside these fair-housing rules. Under state law, owner-occupied buildings of four units or fewer where the owner lives on site are exempt; the parallel federal FHA exemption is three units or fewer. Single-family homes rented by an owner who owns no more than one such home and uses no rental agent are also exempt. Read these narrowly: advertising, using a broker, or owning multiple rentals usually pulls you back under the law.
Enforcement runs through the New Hampshire Commission for Human Rights, which investigates RSA 354-A housing-discrimination complaints. A tenant has 180 days from the alleged violation to file, and remedies can include damages and civil penalties. Refusing a legitimate assistance animal, or charging it pet fees, is the most common way landlords land in front of the Commission.
The Cost of Mishandling a New Hampshire ESA Request
The most common mistake in New Hampshire ESA cases is responding with a flat denial, "no pets means no pets", instead of engaging in the interactive process. The interactive process is itself a substantive duty. A landlord who refuses to consider the request, demands more documentation than HUD permits, or imposes a pet fee on an accepted assistance animal will lose at HUD even if the underlying accommodation could have been reasonably denied on its merits.
City-Level Eviction Risk in New Hampshire
Pet-related eviction filings correlate with overall landlord-tenant litigation rates. View landlord risk and tenant-law profile by city:
Sources & Methodology
- Federal Fair Housing Act: 42 U.S.C. § 3604(f)(3)(B); 24 C.F.R. § 100.204; 24 C.F.R. § 180.671.
- HUD guidance: HUD FHEO Notice 2020-01 (Jan 28, 2020), assistance animals as a reasonable accommodation.
- ADA service animals: 28 C.F.R. § 36.302 (Title III, public accommodations).
- New Hampshire pet deposit rule: N.H. Rev. Stat. § 540-A:6.
Related Guides for New Hampshire Landlords
This overview reflects New Hampshire's Law Against Discrimination (RSA 354-A), the security-deposit rules in RSA 540-A:6, and the federal Fair Housing Act as applied to assistance animals. Fair-housing complaints are handled by the New Hampshire Commission for Human Rights, which must receive a complaint within 180 days of the alleged violation. Statutes and agency guidance change, and how the rules apply depends on your property and the specific request, so confirm current requirements with the Commission or a New Hampshire landlord-tenant attorney before denying a request or setting a policy.
Frequently Asked Questions
Can I charge a pet deposit for an emotional support animal in New Hampshire?
No. Under the Fair Housing Act and RSA 354-A, an ESA or service animal is a disability accommodation, not a pet, so you cannot charge a pet deposit, pet fee, or pet rent for it. Separately, RSA 540-A:6 caps any security deposit at the greater of one month's rent or $100 and folds a pet deposit into that same cap, so even for ordinary pets you cannot add a pet deposit on top of a full deposit.
Do I have to allow pets in my New Hampshire rental?
No. New Hampshire has no law requiring landlords to allow ordinary pets. You may run a no-pets building or set breed, size, and number limits by lease. That discretion does not extend to service animals or emotional support animals, which must be accommodated even in no-pets housing.
Can I ask a tenant to prove they need an emotional support animal?
Only when the disability or the need for the animal is not obvious. In that case you may request reliable documentation from a licensed provider confirming the disability and the need. You cannot demand a diagnosis, training records, a registry certificate, or the animal's medical history.
What is the difference between a service animal and an ESA for housing purposes?
A service animal is individually trained to perform tasks for a person with a disability; an ESA provides support through its presence without task training. In rental housing, the Fair Housing Act and RSA 354-A cover both, so the narrow ADA service-dog-only rule does not let you refuse an ESA.
Am I still responsible for damage caused by an assistance animal?
The tenant is. You cannot charge a pet deposit or fee up front, but the tenant remains liable for any actual physical damage beyond normal wear and tear, which you can pursue against the standard security deposit or otherwise, just as with any tenant-caused damage.
Are any New Hampshire landlords exempt from these assistance-animal rules?
A few. Owner-occupied buildings of four units or fewer (three or fewer under federal law) and single-family homes rented by an owner of only one such home without a rental agent are generally exempt. These exemptions are read narrowly, so most landlords who advertise or use an agent are covered.
Federal authority: 42 U.S.C. § 3604(f)(3)(B); 24 C.F.R. § 100.204; HUD FHEO Notice 2020-01. State authority: N.H. Rev. Stat. § 540-A:6. Last updated October 23, 2026. For informational purposes only, not legal advice. Pet and assistance-animal questions are highly fact-specific; consult a licensed New Hampshire attorney before refusing any request.