The bill amends the "Residential Landlord and Tenant Act" by adding a new section that prohibits landlords from charging convenience fees to tenants for rental payments. However, this prohibition does not apply if the landlord accepts a form of rent payment that does not require a convenience fee. Additionally, the bill mandates that if there are any fees beyond the rent that apply to the rental of a unit, these fees must be disclosed in the lease agreement in the same section as the rent disclosure. If there is no written lease, the landlord must provide a written list of all fees to the tenant. Changes in required fees must be communicated in writing at least 30 days before they become effective. The bill also requires landlords to disclose which utility costs are included in the rent and which are the tenant's responsibility, as well as any requirement for renters insurance.
The bill further specifies that if a landlord fails to comply with the disclosure requirements regarding additional fees, utility costs, and renters insurance, the tenant may recover any fees paid that were not disclosed as required. The act is set to take effect on January 1, 2025. The legislative explanation clarifies that the purpose of the act is to ensure landlords list all mandatory fees in the rental agreement and to prevent landlords from charging convenience fees for rent payments unless other fee-free payment options are available.
Statutes affected: 2643 SUB A: 34-18-15
2643: 34-18-15