(V) A provision that characterizes any amount or fee set forth in the rental
agreement, with the sole exception of the set monthly payment for occupancy of
the premises, as rent for which all remedies to collect rent, including eviction, are
available. Such amounts and fees include any fees for utilities or services and any
other charge that is not rent.
(VI) [Editor's note: This version of subsection (3)(a)(VI) is effective until
January 1, 2026.] A provision that requires a tenant to pay a markup or fee for a
service for which the landlord is billed by a third party; except that a written rental
agreement may include a provision that requires a tenant to pay either a markup or
fee in an amount that does not exceed two percent of the amount that the landlord
was billed or a markup or fee in an amount that does not exceed a total of ten
dollars per month, but not both. This subsection (3)(a)(VI) does not preclude a
prevailing party from recovering an amount equal to any reasonable attorney fees
awarded by a court pursuant to subsection (3)(a)(II) of this section.
(VI) [Editor's note: This version of subsection (3)(a)(VI) is effective January 1,
2026.] A provision that requires a tenant to pay a: