Massachusetts rental fee FAQ
Short answers to the questions landlords and renters ask most about Massachusetts rental fees.
For the full rules, see the Massachusetts guide and every fee A to Z.
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 shown clearly whenever a price is shown.
What can a Massachusetts landlord collect before move-in?
Only four things: 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 (M.G.L. c. 186, s. 15B).
Are application fees legal in Massachusetts?
No. An application fee is not one of the four charges a landlord may collect at or before move-in.
Who pays the broker fee in Massachusetts?
Since August 1, 2025, whoever hired the broker. A landlord cannot pass its own broker's fee to the tenant. A tenant who hires a broker may owe that broker.
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.
How much can a security deposit be in Massachusetts?
No more than one month's rent. It must be held in a separate interest-bearing account in a Massachusetts bank, with a receipt, and returned within 30 days after the tenancy ends.
Does a Massachusetts landlord owe interest on last month's rent?
Yes. Interest is owed each year, at 5% or the lower rate a bank paid on it.
Can a landlord charge a pet deposit in Massachusetts?
Not as a separate upfront charge. Monthly pet rent for tenants with pets is generally allowed if it is disclosed.
Is a monthly Total Price allowed in ads?
Yes, as long as the full lease term is also disclosed clearly.
Do utilities have to be in the Total Price?
The regulation and the Attorney General guidance do not address utility usage directly. State clearly which utilities rent includes and which the tenant pays.
Can a landlord add a fee during the lease?
Not one that was left out of the disclosed price. Under 940 CMR 38.00, an undisclosed fee cannot be charged later.
Do the rules apply to small landlords?
The upfront charge limits in M.G.L. c. 186, s. 15B apply to residential tenancies whatever the number of units. The fee regulation covers rental housing generally. If your situation is unusual, ask a Massachusetts lawyer.
What happens if a landlord breaks these rules?
Fee violations are unfair or deceptive practices under Chapter 93A. Security deposit violations can cost up to three times the deposit plus interest, costs and attorney's fees.
Is this the same as the Colorado or Illinois rules?
No. Colorado also requires an all-in Total Price but bans a different list of fees. Illinois, from 2027, requires fees on the first page of the lease. See the state comparison page.
Related
Not legal advice. Confirm your lease with a Massachusetts attorney.