Title 34
Property

Chapter 18
Residential Landlord and Tenant Act

§ 34-18-59. Fair limitation on rental application fees.

(a) A landlord, lessor, sub-lessor, real estate broker, property management company, or designee shall not be allowed to require or demand any prospective tenant to pay for a rental application fee.

(b) Nothing in this section shall be construed to prohibit a landlord, lessor, sub-lessor, real estate broker, property management company, or designee from requiring an official state criminal background check from the bureau of criminal identification (BCI), department of attorney general, state police or local police department where the prospective tenant resides or from requiring a credit check subject to the following limitations:

(1) If a prospective tenant provides a required official state criminal background check or credit report issued within ninety (90) days of the application for a rental unit, no fee for such official state criminal background check and/or credit report may be charged by the respective landlord, lessor, sub-lessor, real estate broker, property management company, or designee;

(2) If a prospective tenant does not provide a required official state background check and/or credit report issued within ninety (90) days of the application for a rental unit, then the landlord, lessor, sub-lessor, real estate broker, property management company, or designee may charge the prospective tenant a fee representing not more than the actual cost of obtaining the official state background check and/or credit report. Provided further, any prospective tenant who is charged a fee under this subsection for a background check or credit report shall be provided with a copy of the background check or credit report; and

(3) Nothing in this section shall be construed to prohibit the landlord, lessor, sub-lessor, real estate broker, property management company, or designee from obtaining an independent background check or credit report at the landlord’s own expense.