Standards For Oral Or Written Representations Of Availability

(1) No rental housing shall be advertised in any medium unless its availability for rental has been verified by the Rental Location Agent on the day the request for advertising is made to the medium. (2) The availability for rental of all advertised property shall be verified daily so long as the advertisements shall continue to be published. Upon learning that advertised property is no longer available, the Rental Location Agent shall immediately take all possible steps to cause cancellation of the advertisement. Persons who advise the Rental Location Agent by telephone or otherwise that they are responding to an advertisement for property which the Rental Location Agent knows is no longer available for rent shall be advised immediately that such property is not available. These provisions shall not prohibit the Rental Location Agent from advising such person of the existence of any other similar listed property which has been verified as to availability as required by paragraphs (1), (2) and (3) hereof. (3) With respect to any property not being advertised, the Rental Location Agent shall not represent that it is available for rental unless availability shall have been verified with 72 hours of the time at which a representation of availability is made. If such verification cannot be made within such time, the property shall be removed from the listings until it has been verified as available and no representation of availability shall be made by the Rental Location Agent. (4) The following information shall be fully, accurately and clearly disclosed with respect to any property as to which a representation of availability is made: (a) The date of availability for occupancy of the property if not currently available. (b) The monthly rent. (c) The existence (and the amount, if known) of any damage deposit, security deposit, clean-up fees, rent prepayment, or similar charges over and above the monthly rent. (d) The number of bedrooms. (e) Whether a lease is required. (f) Restrictions on the property, such as no pets, except restrictions imposed by federal, state or local law. (g) The types of housing, such as single family, duplex or trailer. (h) The location of the rental housing by reference to the areas required to be established in accordance with Section 1260-03-.02(5)(e) or otherwise. (i) The utilities paid for, if any. (j) The telephone number of the landlord. Notwithstanding the foregoing, in the case of advertising, only the information in subparagraphs (a), (b) and (h) must be disclosed. RENTAL LOCATION AGENTS CHAPTER 1260-03 (5) No representation shall be made to any person that rental property meeting the needs of such person is contained in the Rental Location Agent’s listings unless such is the fact and unless the availability of such property shall have been verified as required by paragraphs (1), (2) and (3) hereof as applicable. (6) For purposes of this Rule 1260-03-.06, the term “Rental Location Agent” shall include the licensed Rental Location Agent, all employees and agents of such Rental Location Agent.