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
- Landlord hired the broker (to list or show the unit): the landlord pays. The tenant cannot be required to pay that fee.
- Tenant hired the broker (to find an apartment): the tenant may owe the fee agreed with that broker.
- Leases signed before August 1, 2025 follow the old rules, even if the fee is collected later.
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
Amenity fee · Application fee · Cleaning fee · Fee that was not disclosed · Holding or reservation fee · Last month's rent · Late fee · Lock change fee · Move-in or administrative fee · Optional fee · Parking fee · Payment processing fee · Pet deposit or upfront pet fee · Pet rent · Security deposit · Trash fee · Utility charge
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
Not legal advice. Confirm your lease with a Massachusetts attorney.