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REGULATION OF RENTAL REFERRAL AGENCIES

RSA tit. XXXI, ch. 358-H
in effect

RSA 358-H:1 Definitions.

358-H:1. Definitions. As used in this chapter, the following terms shall have the following meanings: I. "Person" means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. II. "Prospective tenant" means any person who pays a fee or other consideration to a rental referral agency for assistance in obtaining information about specific rental properties. III. "Rental property" means any house or building or portion of a house or building which is rented, leased or hired out to be occupied as a home or residence by one or more persons. IV. "Rental referral agency" means any person who collects rental information for the purpose of assisting prospective tenants in locating specific rental properties in exchange for a fee or other consideration. It shall include, but not be limited to, businesses referred to by such terms as rental information service, apartment locator service, or apartment listing service. It shall not include businesses in which all agency employees and representatives who assist prospective tenants are licensed real estate salesmen or brokers, or are under the direct supervision of such salesmen or brokers, to the extent that such salesmen or brokers are actually engaging in or conducting the business, or acting in the capacity, of a real estate broker or salesman as defined and regulated by RSA 331-A. Source. 1983, 438:1. 1985, 174:1, eff. July 26, 1985.

RSA 358-H:2 Fees and Deposits.

358-H:2. Fees and Deposits. No rental referral agency shall charge or attempt to collect any fee or other consideration from any prospective tenant in excess of $10 except where rental property is in fact obtained by such prospective tenant through the assistance of that agency. For the purposes of this section, such rental property is obtained when the prospective tenant has contracted to rent the property. Source. 1983, 438:1, eff. June 24, 1983.

RSA 358-H:3 Contract Requirements.

358-H:3. Contract Requirements. I. No rental referral agency shall charge or attempt to collect any fee or other consideration from any prospective tenant except pursuant to a written contract which shall be delivered to the prospective tenant at the time the contract is signed. Every contract must constitute the entire agreement between the parties, shall be dated, and shall be signed by the prospective tenant. II. Every written contract between a rental referral agency and a prospective tenant shall further include provisions stating: (a) The specifications of rental property sought by the prospective tenant, including maximum rent, desired lease period, geographic area, number of bedrooms required, number of occupants to be housed, and number and type of pets. (b) That any deposit in excess of $10 shall be repaid or refunded to the prospective tenant, upon demand, should the specified rental property not be obtained through the agency's assistance within 30 days of the contract. (c) That the full deposit or fee shall be repaid or refunded to the prospective tenant if the information concerning rental properties is not accurate or current as required by RSA 358-H:4, I. (d) That the rental referral agency will maintain a surety bond in compliance with RSA 358-H:8 and identifying the bonding company. (e) The manner in which the rental property information has been collected and the form in which it will be furnished to the prospective tenant. (f) The name, address, and telephone number of the person to whom complaints and requests for refunds should be directed. Source. 1983, 438:1, eff. June 24, 1983.

RSA 358-H:4 Representations of Availability and Consent of Lessor.

358-H:4. Representations of Availability and Consent of Lessor. I. A rental referral agency shall not make any representation that any rental property is available for rent unless availability has been verified by the agency through contact with the lessor within 48 hours prior to the representation. The availability of rental property described in media advertisements shall be verified within 48 hours prior to the appearance of the advertisement and written evidence of such action shall be made available to prospective tenants upon request. II. Notations of the time and date of verification and the verifier's identity shall be recorded by the agency and made available for inspection by a person from whom the agency has received a deposit or a fee. III. A rental referral agency shall not refer a prospective tenant to any rental property without the consent of the lessor. Source. 1983, 438:1, eff. June 24, 1983.

RSA 358-H:5 Remedies.

358-H:5. Remedies. I. Any violation of the provisions of this chapter is an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right, remedy, or power set forth in RSA 358-A, including those set forth in RSA 358-A:4, II, may be used to enforce the provisions of this chapter. II. The rights, obligations, and remedies provided in this chapter shall be in addition to any other rights, obligations, or remedies provided for by law or in equity. Source. 1983, 438:1, eff. June 24, 1983.

RSA 358-H:6 Waiver of Provisions.

358-H:6. Waiver of Provisions. Any waiver of the prospective tenant of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable. Source. 1983, 438:1, eff. June 24, 1983.

RSA 358-H:7 Applicability.

358-H:7. Applicability. The provisions of this chapter shall apply to all rental referral agencies doing business in this state and to all contracts entered into on or after June 24, 1983. Source. 1983, 438:1, eff. June 24, 1983.

RSA 358-H:8 Surety Bond.

358-H:8. Surety Bond. A rental referral agency shall post a surety bond of not less than $20,000 with the attorney general, department of justice. The type of surety bond shall be designated by the attorney general. No bond shall be accepted for filing unless it is with a surety company authorized to do business in this state. The surety may cancel the bond at any time upon giving 30 days' written notice to the attorney general. Any person who is damaged by any violation of this chapter, or by the rental referral agency's breach of the contract subject thereto, may bring an action against the bond to recover damages suffered and any other amounts allowable by law. The attorney general, in an action brought under this chapter or any other applicable provision of law, may likewise proceed against the bond. In no event shall the aggregate liability of the surety for all claims exceed the bond amount. Source. 1983, 438:1. 1985, 300:7, I(a), (b).
Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XXXI-358-H.htmFetched: 10/20/2026

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