§ 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.