How Massachusetts landlords should disclose utilities
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 clearly
Allowed, but the law sets strict limits.
What the law says
The regulation and the Attorney General guidance do not address utility usage directly. State clearly which utilities rent includes and what tenants pay.
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:
Included in rent: heat and hot water. Tenant pays: electricity and cooking gas, billed directly by the utility.
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
Amenity fee · Application fee · Broker 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
Frequently asked questions
How Massachusetts landlords should disclose utilities
Yes, if disclosed clearly. The regulation and the Attorney General guidance do not address utility usage directly. State clearly which utilities rent includes and what tenants pay.
Does a utility charge 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
Not legal advice. Confirm your lease with a Massachusetts attorney.