Section 15B identifies the ordinary amounts a lessor or lessor’s agent may require at or before tenancy begins, subject to its exact terms and authorized exceptions.
Since August 1, 2025, the broker or salesperson fee is paid by the party that originally engaged and contracted with the broker.
A tenant can choose to engage a broker or salesperson working on the tenant’s behalf and be responsible for that contracted fee.
940 CMR 38.00 requires clear and conspicuous disclosure of the total price including mandatory fees, charges or other required expenses for covered consumer transactions.
Start by identifying who is charging the fee
Separate a landlord or property-manager charge from a fee charged by a licensed broker the tenant independently hired. Massachusetts applies different source layers to those situations.
For a broker fee, preserve the engagement agreement and identify who originally contracted with the broker or salesperson. For a landlord fee, preserve the lease, quote, fee sheet and the first statement showing the amount.
Section 15B is a strong upfront-charge checkpoint
At or before the commencement of a tenancy, § 15B states that a lessor or agent of the lessor may not require the tenant or prospective tenant to pay amounts beyond the categories listed in the statute. The current text includes first-month rent, last-month rent, a qualifying security deposit and the purchase and installation cost for a key and lock, while also containing a specific framework under which regulations may authorize an optional fee in lieu of a security deposit.
Because the statute contains detailed conditions and exceptions, RentBillCheck does not reduce it to a slogan that every non-listed charge in every context is automatically recoverable or unrecoverable. Match the charge to the exact timing, payee and statutory category.
The broker-fee rule changed on August 1, 2025
The current c.112 § 87DDD 1/2 provides that the fee is paid by the party, lessor or tenant, who originally engaged and contracted with the licensed broker or salesperson.
Massachusetts’ official FAQ explains the practical result: a landlord cannot hire a broker and require the tenant to pay that broker’s fee. A tenant who independently hires a broker to work on the tenant’s behalf can be responsible for that fee.
Renaming a landlord broker fee does not create a separate category
The state broker-fee FAQ specifically warns that a landlord-hired broker fee cannot simply be shifted to the tenant through similarly named admin, selection, finder or leasing fees. Preserve the fee label, recipient and stated purpose rather than reviewing only the name.
Use the Massachusetts total-price rule at the shopping stage
940 CMR 38.00 addresses price presentation for consumers purchasing, renting or leasing covered products. The Massachusetts Attorney General’s regulation requires clear and conspicuous disclosure of the total price, including mandatory fees, charges and other required expenses.
For an apartment search, preserve the listing, advertised rent, mandatory recurring fee package and any price shown before the consumer is pushed deeper into the application or leasing flow.
Keep optional services separate from required tenancy charges
A genuinely optional service that can be declined is a different cost question from a mandatory fee required to obtain or keep the tenancy. Confirm whether the tenant can actually decline the service without losing the unit or violating the lease.
Documents to compare for a Massachusetts fee review
- Apartment listing, quote and total price shown before application.
- Executed lease and all fee-related addenda.
- First-month, last-month, security-deposit and key/lock payment records when relevant.
- Broker engagement agreement and fee disclosure, if a broker is involved.
- Proof showing whether the landlord or tenant hired the broker.
- Current and prior resident statements or ledger entries.
- Any renewal, amendment or notice that added or changed a recurring fee.
- Written request asking management to identify the contractual and statutory basis for a disputed charge.
Compare this topic across states
Official sources
Primary law for security-deposit amount, receipts, statement of condition, banking, interest, deductions and 30-day return.
Massachusetts LegislatureMassachusetts General Laws c.112 § 87DDD 1/2 ↗Current broker-fee statute. Effective August 1, 2025, a rental broker or salesperson fee may be paid only by the party that originally engaged and contracted with the broker or salesperson.
Mass.gov — Executive Office of Housing and Livable CommunitiesFrequently asked questions about residential rental broker’s fees ↗Official Massachusetts guidance explaining the August 1, 2025 renter broker-fee rule, including landlord-hired brokers and similarly named fee workarounds.
Massachusetts Attorney General940 CMR 38.00 — Unfair and Deceptive Fees ↗Official Massachusetts regulation requiring clear and conspicuous total-price disclosure including mandatory fees, charges and expenses for covered consumer transactions, including rentals and leases.