Massachusetts rental fee rules: what landlords must do
Two layers apply to Massachusetts rentals: a 2025 Attorney General regulation on hidden fees (940 CMR 38.00) and an older statute that limits upfront charges to four (M.G.L. c. 186, s. 15B). A 2025 law also shifted broker fees to whoever hires the broker.
Last reviewed November 1, 2026 against 940 CMR 38.00 and M.G.L. c. 186, s. 15B and the sources below · How we check facts
1. Advertise the Total Price (940 CMR 38.00)
Rental housing is covered by the Attorney General's fee regulation. When a price is shown, the Total Price, the most a tenant must pay including all required fees, must be disclosed clearly and more prominently than other pricing. A monthly Total Price is allowed, as long as the full lease term is also stated.
- When the Total Price is first shown, disclose the nature, purpose and amount of each fee.
- If a fee is optional or can be waived, say so and explain how to avoid it.
- Disclose the Total Price before asking a prospective tenant for personal information, for example in a lead form or application portal.
- A fee that was not disclosed cannot be added during the tenancy.
2. Collect only four things upfront (M.G.L. c. 186, s. 15B)
At or before move-in, a landlord may require only: first month's rent, last month's rent at the same rate, a security deposit of no more than one month's rent, and the cost of a new lock and key. Application fees, holding fees, move-in fees, cleaning fees and upfront pet deposits are not on the list.
3. Late fees wait 30 days
No lease may impose interest or a penalty for late rent until 30 days after the rent was due. Disclose any late fee amount in the ad and the lease.
4. Broker fees
Since August 1, 2025, the person who hires a broker pays the broker. A landlord cannot pass the landlord's broker fee to the tenant.
Banned or limited charges
| Charge | Status | Rule |
|---|---|---|
| Application fee | Banned | Banned. Before move-in a Massachusetts landlord may collect only first month's rent, last month's rent, a security deposit and the cost of a new lock and key (M.G.L. c. 186, s. 15B). |
| Holding or reservation fee | Banned | Banned. It is not one of the four upfront charges the law allows. |
| Move-in or administrative fee | Banned | Banned. Move-in and administrative fees are not among the four upfront charges allowed by M.G.L. c. 186, s. 15B. |
| Cleaning fee at move-in | Banned | Banned as an upfront charge. Only first and last month's rent, a security deposit and lock costs may be collected before move-in. |
| Pet deposit or pet fee collected upfront | Banned | Banned as an upfront charge. A separate pet deposit or pet fee is not one of the four allowed upfront charges. |
| Broker fee for the landlord's broker | Banned | Banned since August 1, 2025: whoever hires the broker pays the broker. A tenant pays only a broker the tenant hired. |
| Fee not disclosed before the lease | Banned | Banned. Under 940 CMR 38.00 a fee left out of the disclosed price cannot be charged during the tenancy. |
| Security deposit | Allowed with care | Allowed up to one month's rent, with strict rules: a receipt, a separate interest-bearing account and return within 30 days after the tenancy ends. |
| Late fee | Limited | No late fee or interest may be charged until rent is 30 days late. Disclose the amount in the ad and the lease. |
| Rent payment processing fee | Allowed with care | Allowed only if disclosed before the lease, including in the ad. A fee that was not disclosed cannot be added later. |
| Utility charge | Allowed with care | The regulation and the Attorney General guidance do not address utility usage directly. State clearly which utilities rent includes and what tenants pay. |
Enforcement
A violation of 940 CMR 38.00 is an unfair or deceptive practice under Chapter 93A, the state consumer protection law. Security deposit violations can cost a landlord three times the deposit plus interest, costs and attorney's fees.
Disclose it in one place. A free fee disclosure page set to Massachusetts leads with the Total Price and lists each fee with its purpose, with a link for every listing.
Frequently asked questions
What is 940 CMR 38.00?
A Massachusetts Attorney General regulation on unfair and deceptive fees, enforced since September 2, 2025. It covers rental housing and requires the Total Price, including all required fees, to be disclosed clearly when a price is shown.
Can a Massachusetts landlord charge an application fee?
No. Before move-in a landlord may collect only first month's rent, last month's rent, a security deposit of up to one month's rent and the cost of a new lock and key.
When can a Massachusetts landlord charge a late fee?
Not until rent is 30 days late. No lease may impose interest or a penalty for late rent before then.
Who pays the broker fee in Massachusetts?
Since August 1, 2025, whoever hired the broker. A landlord cannot pass the landlord's broker fee to the tenant.
Can I advertise a monthly price in Massachusetts?
Yes, a monthly Total Price is allowed, as long as the full lease term is also clearly disclosed.
Related
Not legal advice. Confirm your lease with an Illinois attorney.