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SECOND REGULAR SESSION
HOUSE BILL NO. 2856
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE SMITH (46).
5867H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 441, RSMo, by adding thereto one new section relating to rental
application fees.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 441, RSMo, is amended by adding thereto one new section, to be
2 known as section 441.007, to read as follows:
441.007. 1. For purposes of this section, the following terms mean:
2 (1) "Prem ises", as defined in section 441.005;
3 (2) "Rental agr eement", any agreement, written or oral, between a landlord and
4 a tenant embodying the terms and conditions concerning the use and occupancy of
5 pr emises;
6 (3) "Rental application", any information, written or oral, submitted to a
7 landlord by a pr ospective tenant for the purpose of entering into a rent al agreement;
8 (4) "Rental application fee", any sum of moneys, however denominated, that is
9 charged or accepted by a landlord from a prospective tenant in connection with the
10 pr ospective tenant's submission of a ren tal application or any nonr efundable fee that
11 pr ecedes the beginning of tenancy . "Rental application fee" does not include a
12 r efundable security deposit or any ren t that is paid before the tenancy begins;
13 (5) "T enant", a person under a rent al agr eement to occupy the pr emises with the
14 landlord's consent to the exclusion of others.
15 2. A landlord shall not charge a pr ospective tenant a re ntal application fee unless
16 the landlord uses the fee to cover the landlord's costs in pr ocessing the rent al
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 application. A landlord shall not charge a r ental application fee gre ater than fifteen
18 dollars.
19 3. A landlord who receiv es a ren tal application fee fro m a pr ospective tenant and
20 does not use the entir e amount of the fee to cover the landlord's costs in pro cessing the
21 r ental application shall rem it to the prospec tive tenant the rem aining amount of the fee.
22 A landlord shall make a good-faith effort to rem it such amount within twenty calendar
23 days after pro cessing the application.
24 4. A landlord shall, upon recei pt of any moneys paid as a r ental application fee,
25 furnish a recei pt to the prospective tenant for the amount paid by the tenant. A
26 landlord shall pr ovide a pr ospective tenant an electr onic receipt, unless the pr ospective
27 tenant re quests a paper receip t in which case a landlord shall pr ovide the pr ospective
28 tenant with a paper r eceipt.
✔
HB 2856 2