California, Hawaii and Montana prohibit nonrefundable fees altogether. What ever you decide to call it, you should be prepared that keeping the 'non refundable deposit' is not excessive enrichment for the landlord.( Example, if you have an applicant put down a 'non refundable deposit' of $800.00 and the rental is off the market just a few days, you might have to prove to the judge that your damages are $800.00 in order to keep the entire deposit. The longer its off the market, the greater your chances. The judge would look at it as unjust enrichment to the landlord or could considerate it in relationship to the State liquidation damage laws.