N.H. Rev. Stat. Ann. § 358-H: § 358-H:1
Definitions.
Operative Text
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.
N.H. Rev. Stat. Ann. § 358-H:1 establishes the foundational vocabulary for New Hampshire's rental referral agency chapter. It defines who qualifies as a "prospective tenant" (someone who pays a fee to get rental property leads), what counts as a "rental property" (any residence rented or leased to one or more people), and what constitutes a "rental referral agency" (any entity that collects and sells rental listings to prospective tenants for a fee). Notably, businesses staffed entirely by licensed real estate brokers or salespeople — operating in that licensed capacity — fall outside the definition of a rental referral agency under this section.
Plain English — not legal advice.
Under § 358-H:1, landlords who list their properties with a rental referral agency should understand that the agency's obligations under Chapter 358-H are triggered by these definitions. Operators who work exclusively through licensed real estate brokers or salespeople acting in their licensed capacity are generally not subject to the rental referral agency rules of this chapter. Understanding whether a listing service meets the statutory definition of a "rental referral agency" helps property owners assess which regulatory framework governs their relationship with that service.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 358-H:1 is important for prospective tenants because it defines the scope of protections available under New Hampshire's rental referral agency law — specifically, those protections apply when a tenant pays a fee to a service that provides rental property leads. If a service you paid qualifies as a "rental referral agency" under this definition, the broader protections of Chapter 358-H may apply to your transaction. Tenants who believe a service may have misrepresented its status or obligations under these definitions can consult a tenant-rights organization or the New Hampshire Attorney General's Consumer Protection Bureau for general guidance.
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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