Massachusetts: show a Total Price with every required fee (940 CMR 38.00) · Calculate yours

Massachusetts broker fee law: who pays?

For Massachusetts residential rentals, under the Attorney General fee regulation (940 CMR 38.00, since September 2, 2025) and M.G.L. c. 186, s. 15B.

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

No

Since August 1, 2025, whoever hires the broker pays the broker. A landlord cannot pass its own broker's fee to the tenant.

What the law says

Banned since August 1, 2025: whoever hires the broker pays the broker. A tenant pays only a broker the tenant hired.

Who pays the broker

Be careful with informal arrangements. A tenant who did not hire a broker should not sign anything that says they did. Listings that imply a renter pays the landlord's broker have drawn warnings from the Governor and the Attorney General.

For landlords

If you use a broker, budget the fee as your cost. You can build it into the rent, as long as the advertised Total Price stays accurate under 940 CMR 38.00. Do not list it as a tenant charge.

What to do instead

Treat the broker as your own cost. Renaming a charge does not change what it pays for.

For renters

If a Massachusetts landlord asks you for a broker fee, ask in writing for it to be removed or refunded. You can also file a complaint with the Attorney General's Office. Massachusetts renter guide.

Check every fee at once and get the price to advertise: Total Price calculator.

Other Massachusetts fees

Frequently asked questions

Massachusetts broker fee law: who pays?

No. Banned since August 1, 2025: whoever hires the broker pays the broker. A tenant pays only a broker the tenant hired.

What if I already paid a broker fee?

Ask the landlord in writing for a refund and keep a copy. If that does not work, you can file a complaint with the Massachusetts Attorney General's Office or ask a legal aid program for help.

Related

Sources: Mass.gov: FAQ on residential rental broker fees · Governor and Attorney General warning on renter-paid broker fees · Massachusetts Attorney General: 940 CMR 38.00, unfair and deceptive fees
Not legal advice. Confirm your lease with a Massachusetts attorney.