Which Apartment Fees Must Be Included in Advertised Rent? A Fee-by-Fee Guide for Multifamily Operators

Four questions that place any apartment fee

Ask these four questions of each line on the PMS fee schedule, in order.

What each rule requires of the advertised rent

Some rules require one all-in number; others only require fees listed with the rent.

The FTC has also opened rulemaking: its March 2026 advance notice covers fees "from application to moveout"; it is not a rule. For every state, use the rental junk fee laws by state tracker.

The fee-by-fee matrix

Each cell says what the rule generally means for that fee. Minnesota and New York City are omitted because they treat every non-optional fee alike: disclose it in the ad.

Sources for every cell: Greystar order; C.R.S. 6-1-737 and the Colorado AG utility memo; Connecticut PA 25-44, Sec. 9; 940 CMR 38.04; Illinois PA 104-0479.

11 apartment fees and how each one must be advertised

One entry per row of the matrix, with the operative words from each rule. Cells say "generally" for a reason: confirm the facts at each property with counsel.

1. 01

   Application fee

   One-time and mandatory to apply, so it is never in monthly rent but must be visible before the renter pays it: the Greystar order bars taking "an initial payment or deposit" before the fee breakdown is shown. Illinois caps it at $50, with a narrow exception for higher third-party screening costs billed with receipts within 14 days (PA 104-0479). California limits it to actual cost, capped at $30 adjusted for inflation, and only with first-come approval or refunds to unselected applicants (Civ. Code 1950.6). More on California in the SB 478 guide.

2. 02

   Admin fee

   Usually mandatory and one-time: disclose amount and purpose before any payment; in Massachusetts it counts toward the Total Price. What it may cover is in the apartment admin fee guide.

3. 03

   Amenity fee

   If every resident pays it, it is mandatory and recurring, so it goes in the headline under every all-in rule. Colorado goes further: a landlord may not require a fee "for the maintenance of common areas" at all (6-1-737(4)(i)).

4. 04

   Technology and package fees

   Internet, smart-home and package-locker fees are classic default-enrolment fees: if the unit cannot be leased without them, they are in the headline.

5. 05

   Trash, valet trash and pest control

   Flat charges on every unit: in the headline. Arizona's May 13, 2026 Greystar settlement release invites refund claims for fees charged on top of base rent "such as parking fees, valet trash services, or HOA dues" (Arizona AG). Illinois bans fees "for pest abatement or removal where the tenant has in no way contributed to the infestation" (PA 104-0479); Colorado's ban on fees for what the landlord's habitability duty requires (6-1-737(4)(f)) may reach routine pest control.

6. 06

   Utilities, utility admin fees and RUBS

   Utilities at actual cost can generally sit beside the rent; the Greystar order requires "the method used to apportion the costs among tenants" before payment. Colorado bans utility charges above what the provider bills, except a markup capped at 2% of the bill or $10 a month, not both (C.R.S. 6-1-737(4)(a) and 38-12-801(3)(a)(VI)). Its AG will not pursue RUBS that stays within the provider's total, adds no markup beyond the statute, excludes common areas and discloses the method (AG memo, November 24, 2025). Connecticut excludes only submetered and direct-pay utilities (Sec. 9(b)(3)), so check landlord-billed RUBS there. A flat "utility admin fee" is a mandatory recurring fee, not a utility.

7. 07

   Parking

   Optional parking sits beside the rent, labelled optional. Parking assigned to every unit is mandatory and goes in the headline. In Massachusetts, say how to avoid an optional fee.

8. 08

   Pet fee versus pet rent

   Both depend on having a pet, so neither is in the headline. Connecticut excludes "any fee or deposit imposed for keeping a pet" by name (Sec. 9(b)(2)). Disclose both, with the amount per pet and whether the one-time fee is refundable; Colorado requires refundability to be disclosed for any amount outside the total price (6-1-737(3)(b)(I)).

9. 09

   Transfer fee

   Contingent on a mid-lease move, so it stays out of advertised rent but goes in the fee guide and lease. In Illinois, check it against the ban on fees "for modification or renewal of a lease agreement"; a transfer usually means a new or amended lease.

10. 10

    Late, NSF and notice fees

    Contingent on later conduct, so they are disclosed, not included. Colorado bans late fees on overdue amounts "that is not rent" (6-1-737(4)(e)). Illinois bans fees "for an eviction notice or the filing of an eviction action prior to the court granting an eviction order."

11. 11

    Payment processing and convenience fees

    Connecticut lets a processing fee sit outside the rent only if it "reflects the actual cost" and a fee-free payment method exists; Colorado bans it outright unless a cost-free method "is reasonably accessible" (6-1-737(4)(d)). California bars "any fee for payment by check for rent or security deposit" (Civ. Code 1947.3(b)).

Worked example: fixing a "starting at" price

The usual failure: the card shows base rent; mandatory fees sit in a fee guide.

In Colorado the $1,550 must be more prominent than the $1,450; in Massachusetts the card must also state the lease term. In Connecticut, check the RUBS line against the utility exclusion.

How to place every fee on a pricing card

Run this once per property, then again whenever the fee schedule changes.

Time needed: 2 hours

1. 1

   Export the fee schedule of record

   Pull every charge for the property from the PMS, not the website, including default add-ons and per-pet amounts.

2. 2

   Run the four questions on each fee

   Mark each line mandatory or optional, recurring or one-time, contingent or not, and pass-through utility or not.

3. 3

   Map the property to its rules

   List the federal benchmark plus every state and city rule at the property's address, and check the matrix row for each fee.

4. 4

   Compute the headline price

   Add every mandatory recurring fee to the lowest base rent and make that total the largest price on the card, in one number.

5. 5

   Write the breakdown line

   Under the total, list each included fee, each optional and contingent fee with when it applies, the utility method and the one-time fees.

6. 6

   Move the breakdown ahead of payment

   Show the same breakdown on the apply screen before any personal details, application fee or holding deposit are requested.

7. 7

   Push the same numbers to every ILS

   Update the PMS feed, then confirm after the next feed cycle that each listing shows the same rent range and fee amounts.

8. 8

   Recheck on a schedule

   Repeat the check whenever a fee changes and at least monthly, keeping a dated capture of each page.

Opt-out does not make a fee optional, and renaming does not cure it

• Default enrolment with an opt-out. Connecticut is explicit: a fee "charged to the tenant, by default, on a monthly basis shall be included in the advertised, displayed or offered rent, regardless of whether the tenant may opt out" (PA 25-44, Sec. 9(a)). Colorado reaches the same place through its definition of total price, which includes amounts that "are not reasonably avoidable" (6-1-737(1)(m)(II)(B)).
• Renaming. Illinois says "a landlord may not rename a fee or charge to avoid application of this Section" (765 ILCS 705/35(e)).

Massachusetts requires optional fees to be labelled optional and to come with "readily available instructions regarding how to avoid" them (940 CMR 38.04(2)(b)). If you cannot write those instructions for a fee, it is probably not optional.

Where the fees must appear, and when

The fee guide often exists; the failure is that the apply flow takes money first.

Put the breakdown beside the apply button, before any name or card field. Then run the fee transparency audit checklist.

The same fee, the same amount, everywhere

A correct pricing page does not help if the ILS listing or lease shows a different number. In Brynson's analysis of 6,000 properties and 1.6 million units, nearly 89% of communities described themselves differently depending on which listing site a renter visited. Although 97% of listings had been updated within the previous 90 days, conflicting mandatory fees, missing amenities and contradictory terms persisted (apartment listing accuracy report).

Change fees in the PMS first, check each ILS listing's fee fields after the next feed cycle, and diff the lease fee page against the website fee guide. Brynson works with Zillow, Apartments.com, Apartment List and Zumper as partners; each maps, caches and overrides feed data its own way. For a field-by-field listing review, see the ILS listing audit.

Frequently asked questions