Can a Massachusetts landlord charge a fee that was not disclosed?
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
A Massachusetts landlord may not charge this.
What the law says
Banned. Under 940 CMR 38.00 a fee left out of the disclosed price cannot be charged during the tenancy.
How the rule works
Since September 2, 2025, any price shown for a Massachusetts rental must be the Total Price: the most a tenant must pay, including all required fees. The nature, purpose and amount of each fee must be disclosed when the price is first shown. A fee that was left out cannot be added later in the tenancy.
Work out the number with the Massachusetts Total Price calculator.
What to do instead
Remove it from applications, leases and move-in checklists. If the cost matters, build it into the rent and keep the advertised Total Price accurate. Renaming a charge does not change what it pays for.
For renters
If a Massachusetts landlord asks you for a fee that was not disclosed, 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 · Broker fee · Cleaning fee · 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
Can a Massachusetts landlord charge a fee that was not disclosed?
No. Banned. Under 940 CMR 38.00 a fee left out of the disclosed price cannot be charged during the tenancy.
What if I already paid a fee that was not disclosed?
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.