504B.173 APPLICANT SCREENING FEE.
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Subdivision 1.Limitations.
A landlord may not:
(1) 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;
(2) collect or hold an applicant screening fee without giving the applicant a written receipt for the fee, which may be incorporated into the application form, upon request of the applicant; or
(3) use, cash, or deposit an applicant screening fee until all prior applicants have either been screened and rejected, or offered the unit and declined to enter into a rental agreement.
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Subd. 2.Return of applicant screening fee.
(a) The landlord must return the applicant screening fee if:
(1) the applicant is rejected for any reason not listed in the disclosure required under subdivision 3; or
(2) a prior applicant is offered the unit and agrees to enter into a rental agreement.
(b) If the landlord does not perform a personal reference check or does not obtain a consumer credit report or tenant screening report, the landlord must return any amount of the applicant screening fee that is not used for those purposes.
(c) The applicant 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.
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Subd. 3.Disclosures to applicant.
If a landlord accepts an applicant screening fee from a prospective tenant, the landlord must:
(1) disclose in writing prior to accepting the applicant screening fee:
(i) the name, address, and telephone number of the tenant screening service the landlord will use, unless the landlord does not use a tenant screening service; and