This bill requires a residential rental property landlord, leasing company, or management company to disclose, prior to a prospective tenant's submission of an application, (i) all fees that will be charged in addition to the rent during a billing cycle, (ii) whether prospective tenants' reusable screening reports will be accepted instead of charging an application fee, and (iii) if a fee is charged, whether it will be non-refundable or returned to the applicant if the applicant is not accepted for the property.
REUSABLE TENANT SCREENING REPORT
This bill authorizes a person or entity to use a reusable tenant screening report if the following criteria is met:
(1) The report has been prepared within the 30-day period preceding the date on which the prospective tenant applies;
(2) The report includes (i) a credit report for each jurisdiction indicated as a prior residence of the prospective tenant; (ii) a comprehensive criminal history record check for all local, state, and federal charges against and convictions of the prospective tenant for the previous seven years; and (iii) a comprehensive eviction history for the previous seven years, as well as verification of employment, and income, the prospective tenant's current address and rental history; and
(3) The prospective landlord, leasing company, or management company accepts use of a reusable tenant screening report.
APPLICATION FEES
This bill prohibits a residential rental property landlord, leasing company, or management company from charging the following fees:
(1) An application fee if the landlord or company accepts reusable tenant screening reports and fails to disclose that the landlord or company accepts such reports;
(2) More than one application fee in one calendar month for a prospective tenant if the prospective tenant applies to reside in more than one residential rental property owned or managed by the landlord or company;
(3) A non-refundable application fee that exceeds $50, or an application fee that exceeds the actual costs incurred by the landlord or company in processing the application;
(4) A fee that exceeds the cost to the landlord or company in providing the service for which the fee is charged, or prevents competition for third-party services;
(5) A fee for services that are not provided or are legally required to maintain the premises in a fit and habitable condition; or
(6) A fee for rent payments made online. However, the landlord or company may charge a fee to cover the cost of card processing incurred by the landlord or company, but such fee must not exceed the actual charge incurred for card processing.
SECURITY DEPOSITS
This bill authorizes a landlord, leasing company, or management company, to require a security deposit upon acceptance of a prospective tenant's application provided the deposit does not exceed the amount charged for one month of rent.
LATE PAYMENT OF RENT FEES
This bill requires a landlord, leasing company, or management company to provide a five-day grace period beginning the day rent was due to the day a fee for the late payment of rent may be charged. The date the rent was due must be included in the calculation of the five-day grace period. If the last day of the five-day grace period occurs on a Sunday or legal holiday, then a charge or fee for the late payment of rent must not be imposed as long as the rent is paid on the next business day. Any charge or fee that is charged by the landlord or company for the late payment of rent must not exceed 10 percent of the amount of rent past due.
PENALTIES
This bill authorizes a person to bring an action in a court of competent jurisdiction for an alleged violation of this bill. If the court finds that the landlord, leasing company, or management company has violated this bill, then the court must impose a fine up to $500 per violation, and award to the person who brought the action, actual damages, injunctive relief, reasonable attorneys' fees, and court costs.

Statutes affected:
Introduced: 66-28-301