(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; or
(B) Fee, charge, or amount that violates any part of section 6-1-737;
(VII) A provision that purports to allow a provider operating under any local,
state, or federal voucher or subsidy program to commence or pursue an action for
possession based solely on the nonpayment of utilities; or
(VIII) A clause that allows a landlord to recoup any costs associated with
mandatory mediation required pursuant to section 13-40-110 (1).
(b) Any provision that is included in a written rental agreement in violation of
this subsection (3) is void and unenforceable.
(3.5) (a) In addition to other prohibited clauses described in subsection (3)(a)
of this section, if a rental agreement is terminated before the end of the term of the
rental agreement due to the death of a tenant under the rental agreement, a clause
in the rental agreement that requires any of the following is void and
unenforceable:
(I) The payment of liquidated damages;
(II) The acceleration of rent for a period that is beyond the end of the month
or more than ten business days after the dwelling unit is vacated after notice to the
landlord of the death of the tenant, whichever is later;