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

Can a Massachusetts landlord charge a late fee?

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

Only after 30 days

No late fee or interest may be charged until rent is 30 days late.

What the law says

No late fee or interest may be charged until rent is 30 days late. Disclose the amount in the ad and the lease.

Details

The statute sets no dollar cap on the late fee itself, only the 30-day wait. Under 940 CMR 38.00, the late fee amount must be disclosed with the price in the ad and in the lease. A fee that was never disclosed cannot be charged.

How to show it

Disclose it before the lease, with what it is for and its amount. If tenants can avoid it, say how. Example wording:

Late fee: $30, charged only if rent is still unpaid 30 days after the due date.

For renters

If a required fee was not part of the Total Price you were shown, it cannot be charged later. Ask the landlord about it in writing. Massachusetts renter guide.

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

Other Massachusetts fees

Frequently asked questions

Can a Massachusetts landlord charge a late fee?

Only after 30 days. No late fee or interest may be charged until rent is 30 days late. Disclose the amount in the ad and the lease.

Does a late fee have to be in the Massachusetts Total Price?

Only if every tenant must pay it. Optional or conditional charges are disclosed separately, with how to avoid them.

Related

Sources: Massachusetts Attorney General: 940 CMR 38.00, unfair and deceptive fees · Drayton Law: Massachusetts landlords and the fees rule · MassLandlords: junk fee regulations and rental housing
Not legal advice. Confirm your lease with a Massachusetts attorney.