N.H. Rev. Stat. Ann. § 358-H: § 358-H:4
Representations of Availability and Consent of Lessor.
Operative Text
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.
Under N.H. Rev. Stat. Ann. § 358-H:4, rental referral agencies in New Hampshire are required to confirm with the landlord that a property is actually available before telling anyone it is—and that confirmation must happen within 48 hours of the representation or advertisement. Agencies must also keep a written record of who verified availability and when, and those records must be accessible to anyone who has paid a deposit or fee. Additionally, an agency may not send a prospective tenant to a property unless the landlord has actually consented to the referral.
Plain English — not legal advice.
Property owners dealing with rental referral agencies should be aware that § 358-H:4 places the verification burden on the agency, not the landlord—but a landlord's consent is legally required before any referral can be made. Compliant agencies will contact the lessor within 48 hours before listing or advertising a property and will document that contact with a timestamped record. Landlords who have not given consent to a referral agency may have grounds to raise a violation of this provision if unauthorized referrals are made to their property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 358-H:4 gives prospective tenants the right to request written evidence that a listed property's availability was verified within the required 48-hour window before an advertisement appeared. Tenants who have paid a deposit or fee to a rental referral agency are also entitled to inspect the agency's verification logs, including the time, date, and identity of the person who confirmed availability. If an agency cannot produce these records or referred you to a property without the landlord's consent, tenant-rights organizations in New Hampshire or the state attorney general's consumer protection office may be able to explain available complaint and enforcement paths under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 20, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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