Bill > SB421

This bill establishes new regulations for residential rental application fees in Montana, requiring landlords to reimburse application fees within 20 days if an applicant does not enter into a rental agreement. Landlords may deduct actual out-of-pocket costs (not to exceed $25) for specific services like credit or criminal background checks, but must provide a written breakdown of these costs at the time of collection. The bill allows landlords to alternatively accept credit checks or background checks performed within the previous 6 months and potentially waive the application fee. If a landlord wrongfully withholds any portion of an application fee, they can be held liable in a civil action and may be required to pay damages and potentially the applicant's attorney fees. The bill defines "application fee" as the total amount paid to be considered for renting and clarifies that "costs" do not include the landlord's time or effort in processing the application. The law will apply to application fees collected after its effective date and is intended to be part of existing residential rental regulations, providing more transparency and protection for rental applicants by limiting arbitrary fees and ensuring fair treatment in the application process.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC1921