US Renters Demand Action Against Surge of 'Take It or Leave It' Apartment Fees
US Renters Demand Action Against 'Take It or Leave It' Fees

Across the US, renters are urging national action to combat add-on charges that inflate housing costs and increase eviction risks. Farah Momin, a Seattle renter, told the Federal Trade Commission (FTC) in April that landlords impose fees through “take-it-or-leave-it lease terms,” leaving tenants with little power. She emphasized that federal baseline protections are needed to level the playing field.

Public Comments on FTC Rulemaking

Momin was among hundreds of tenants, activists, and industry officials who submitted comments on the FTC’s rulemaking process for rental housing fees. A Guardian analysis of 471 publicly available comments found nearly 400 explicitly supported regulation or highlighted problems with junk fees. Over 60 commenters opposed or raised concerns, most representing trade groups.

Leading industry groups argued in a joint statement that “restrictions on reasonable fees create practical barriers, inflate base housing costs, and reduce access to valued resident services.” They maintained that fees are a necessary part of pricing structures.

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Rising Fees and Industry Expansion

Tenants face a surge in fees as the property management industry expands. Buildings run by property managers increased their share of the rental market by 47% in the last decade, according to a Guardian analysis of census data. Professional management is most common in complexes with 50 or more units.

The effort to regulate junk fees follows years of back-and-forth between industry leaders and officials, alongside a growing number of lawsuits. In 2022, the Biden administration’s FTC considered including rental housing in a broader junk fee regulation effort but limited new rules to event tickets and short-term rentals after industry pushback.

FTC Settlements and Industry Response

Two recent FTC settlements addressed junk fees in rental housing. In 2024, Invitation Homes agreed to a $48m settlement over allegations of unfair junk fees, without admitting wrongdoing. In December, the FTC and Colorado announced a $24m settlement with Greystar, the largest apartment owner and manager, over similar allegations. Greystar did not admit wrongdoing and stated its practice of advertising base rent plus fees is a “longstanding, industrywide practice.”

Industry groups support transparency but argue against policies that would “prevent the effective use of fees and charges in rental housing.” In April, a coalition of 27 state attorneys general urged the FTC to establish a “clear minimum federal standard” for junk fees.

Total Pricing and Legislative Efforts

The FTC’s January rulemaking announcement echoed the Greystar settlement, requiring disclosure of a “total monthly leasing price” including base rent and mandatory fixed fees, but not variable utility fees. The FTC also warned 13 property management software providers that advertising incomplete prices could result in penalties up to $53,088 per violation.

Representative Maxwell Frost, Democrat of Florida, introduced the End Junk Fees for Renters Act in 2023 and 2025, which would ban certain fees and require total rent pricing for federally backed housing. Senator Jeff Merkley introduced a companion bill, but neither has Republican cosponsors. Most states lack explicit protections; only a handful require total monthly leasing price advertising.

Utility Fees a Top Concern

Mandatory utility fees were the most common complaint in supportive comments. Many landlords use third-party “ratio utility billing services” like Conservice, which bill tenants using custom formulas. Shaun Cordeiro, a behavioral economist, filed a class action against Greystar in 2023 over eviction fees and disputed utility charges. He said, “There are so many things that we just allow to happen… often it’s not worth the fight. But it is.”

The National Apartment Association argues that rental housing is already highly regulated and that fees keep communities financially stable. Greystar supports rolling fixed fees into advertised prices but opposes including variable utility fees. The NAA warned that all-in pricing could “artificially inflate rental housing costs.”

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