§ 66-143. Fees and deposits. - North Carolina Statutes

§66‑143.  Fees and deposits.

(a)        A rental referralagency shall not charge or attempt to collect any fees or other considerationfrom any prospective tenant except where rental housing is in fact obtained bysuch person through the assistance of that agency. For the purposes of thisArticle, such housing is obtained when the prospective tenant has contracted torent the property.

(b)        Deposits to beapplied toward fees may be required by a rental referral agency pursuant to awritten contract which includes provisions stating:

(1)        The specificationsof housing sought by the prospective tenant, including maximum rent, desiredlease period, geographic area, number of bedrooms required, number of childrento be housed, and number and type of pets;

(2)        That the depositwill be refunded within 10 days of the prospective tenant's request should thespecified housing not be obtained through the agency's assistance within 30days of the date of the contract;

(3)        That the rentalreferral agency will maintain a trust account or bond in compliance with G.S.66‑145, and identifying the depository institution or bonding company byname and address.

(c)        Notwithstandingsubsections (a) and (b) of this section, a rental referral agency may charge orretain from any deposit a fee, not to exceed twenty dollars ($20.00), even ifthe prospective tenant fails to obtain rental housing through its assistance,provided that the following conditions are met:

(1)        Any and alladvertising for the rental referral agency discloses in a clear and conspicuousmanner the agency's name, the fact that it is a "rental referralagency" using that term, and the fact that it charges a fee; and

(2)        If a prospectivetenant contacts the rental referral agency in response to an advertisement fora specific property listed by the agency and inquires about that property, therental referral agency shall neither collect a fee nor obtain the prospectivetenant's signature on a contract without first verifying that the advertisedproperty remains available and disclosing to the prospective tenant whether ornot it is still available.

(d)        Prospective tenantsshall apply in writing for a refund no sooner than 30 days after the date ofthe contract and no later than one year after the date of the contract.  If theprospective tenant does not apply for a refund before one year has elapsed, thefee shall be deemed earned by the rental referral agency and may be removedfrom the trust account.  (1981, c. 610, s. 1; 1991, c. 737, s. 1.)