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

Can a Massachusetts landlord charge an optional 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

Yes, if disclosed

Allowed if it is disclosed before the lease. Required fees go inside the advertised Total Price.

What the law says

Allowed. Disclose that it is optional and how the tenant can avoid it.

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:

Optional: storage locker $40/month. You may decline it.

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 an optional fee?

Yes, if disclosed. Allowed. Disclose that it is optional and how the tenant can avoid it.

Does an optional 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.