2005 Minnesota Statutes - 504B.173 — Applicant screening fee.

     504B.173 Applicant screening fee. 


    Subdivision 1.    Limit on number of applicant screening 
 fees.  A landlord or the landlord's agent may not charge an 
 applicant a screening fee when the landlord knows or should have 
 known that no rental unit is available at that time or will be 
 available within a reasonable future time. 


    Subd. 2.    Return of applicant screening fee.  If the 
 landlord or the landlord's agent does not perform a personal 
 reference check or does not obtain a consumer credit report or 
 tenant screening report, the landlord or the landlord's agent 
 shall return any amount of the screening fee that is not used 
 for those purposes.  The screening fee may be returned by mail, 
 may be destroyed upon the applicant's request if paid by check, 
 or may be made available for the applicant to retrieve. 


    Subd. 3.    Disclosures to applicant.  A landlord or the 
 landlord's agent, prior to taking an application fee from a 
 prospective tenant, must disclose on the application form or 
 orally the name, address, and telephone number of the tenant 
 screening service the owner will use, unless the owner does not 
 use a tenant screening service. 


    Subd. 4.    Remedies.  In addition to any other 
 remedies, a landlord who violates this section is liable to the 
 applicant for the application fee plus a civil penalty of up to 
 $100, civil court filing costs, and reasonable attorney fees 
 incurred to enforce this remedy. 


    HIST: 1999 c 150 s 1; 1999 c 199 art 1 s 174