MHCO Community Updates

Fees and Deposits with regards to Rental/Lease Agreement

Do you want access to MHCO content?

For complete access to forms, conference presentations, community updates and MHCO columns, log in to your account or register now.

  1. A landlord may charge a screening fee solely to cover the costs of obtaining information on the applicant.  The landlord must provide the applicant with a receipt for any such screening fee.
  2. A landlord may not charge non-refundable fees to secure a signing of a rental agreement.
  3. A landlord may charge a deposit to an applicant for the purpose of securing the execution of a rental agreement after the applicant's application has been approved.   If the rental agreement is executed, the landlord shall either apply the deposit toward the moneys due the landlord under the rental agreement or refund it immediately to the tenant/resident.
  4. If the Rental Agreement is not executed due to a failure by the applicant to comply with the agreement to execute, the landlord may retain the deposit.
  5. If the Rental Agreement is not executed due to a failure by the resident to comply with the agreement to execute, then the landlord shall return the deposit to the applicant within four days.

 A landlord may charge a fee more than once, at the beginning of or during the tenancy, for:

  1. A late rent payment
  2. A dishonored check
  3. Removal or tampering with a properly functioning smoke alarm or smoke detector
  4. Any other noncompliance by the tenant with a written rental agreement that provides for a fee for that noncompliance, provided that the fee is not excessive.