Pet fees are not legal in Massachusetts. State law lists every charge a landlord can collect at the start of a tenancy, and a pet fee or pet deposit is not among them, whether the landlord labels it refundable or not. A landlord can, however, charge higher monthly rent for a tenant with a pet, and a landlord can refuse to rent to pet owners at all. The line between an illegal upfront pet charge and a legal rent arrangement is where most disputes live.
The Only Four Charges Allowed Up Front
Massachusetts General Laws Chapter 186, Section 15B lists every dollar a landlord may require at or before the start of a tenancy. There are four items, and only four:
- First month’s rent.
- Last month’s rent, at the same rate as the first.
- A security deposit, capped at one month’s rent.
- The actual cost of a new lock and key.
Anything else collected up front is prohibited. Application fees, move-in fees, amenity fees, cleaning fees, and pet fees all fail the test for the same reason: they are not on the list. The statute also bars landlords from demanding additional security money or advance rent beyond the current month once the tenancy is underway.1General Court of Massachusetts. Massachusetts Code 186 – Section 15B
A federal court applied this directly in Perry v. Equity Residential Management, LLC (2014), holding that upfront pet fees, application fees, and amenity fees all violated Section 15B.1General Court of Massachusetts. Massachusetts Code 186 – Section 15B A $300 “pet deposit” on top of a full security deposit is simply more money than the statute allows. If the landlord is worried about pet damage, the standard security deposit is the tool the law provides.
Monthly Pet Rent Is a Different Story
Higher monthly rent for a pet-friendly unit is legal. The Massachusetts Appeals Court addressed this in Flemming v. Greystar Management Services (2021), where a tenant challenged a separate “animal rent” charge on her lease. The court held that the animal rent was not a disguised deposit or illegal upfront fee. It was additional rent the tenant agreed to pay in exchange for keeping dogs in the apartment.2Justia. Flemming v. Greystar Management Services
The distinction is timing and structure. A monthly charge paid as rent during the tenancy is treated like any other rent obligation. A lump sum collected before move-in is not, even if the lease calls it something else. Nationally, pet rent commonly runs between $10 and $75 a month, and Massachusetts landlords in tight markets sometimes charge more. If a lease lists “pet rent,” check that it is actually a recurring monthly line and not a one-time charge wearing a monthly label.
A Landlord Can Also Just Say No
Massachusetts has no law requiring landlords to allow pets. A blanket “no pets” policy is permitted, as are restrictions by size, breed, or type of animal. In practice, that leaves a landlord with two legal choices on pets: refuse them, or allow them and charge higher rent. What a landlord cannot do is allow a pet and then demand an extra upfront fee or deposit for the privilege.
Service Animals and Emotional Support Animals Are Not Pets
The rules change entirely for assistance animals. Under the federal Fair Housing Act and Massachusetts law, a service animal or emotional support animal is a reasonable accommodation for a person with a disability, not a pet. Landlords cannot charge any extra fees, deposits, or increased rent for these animals, and a “no pets” policy must be waived to accommodate them.3U.S. Department of Housing and Urban Development (HUD). Assistance Animals
A service animal is trained to perform specific tasks for someone with a disability. An emotional support animal provides therapeutic benefit through companionship and does not require specialized training. Both are protected. When the disability and the need for the animal are not obvious, a landlord may ask for reliable documentation from a healthcare provider confirming the disability-related need. The landlord cannot charge for processing the request, apply breed or weight limits to the animal, or require a special deposit.3U.S. Department of Housing and Urban Development (HUD). Assistance Animals
Denial is permitted only in narrow circumstances: the specific animal poses a direct threat to health or safety that cannot be reduced through other accommodations, or the accommodation would impose an undue financial burden or fundamentally alter the housing provider’s operations.3U.S. Department of Housing and Urban Development (HUD). Assistance Animals
How Pet Damage Actually Gets Paid For
The standard security deposit is the legal vehicle for recovering pet damage. If a dog shreds the carpet or a cat destroys a door frame, the landlord can deduct the repair cost from the deposit at the end of the tenancy. Two parts of that process matter especially for pet owners.
First, when the landlord takes a security deposit, they must give the tenant a written statement of the unit’s condition at move-in. The tenant has fifteen days to review it and either sign or add a separate list of existing damage.1General Court of Massachusetts. Massachusetts Code 186 – Section 15B This document is the baseline against which any later pet-damage claim gets measured. Note everything, including existing carpet wear and any scuffs or stains, before you sign.
Second, within 30 days after the tenancy ends, the landlord must either return the full deposit with interest or send a sworn, itemized list of damages backed by written evidence of the repair costs. Only damage beyond normal wear and tear, unpaid rent, or unpaid water charges can be deducted.1General Court of Massachusetts. Massachusetts Code 186 – Section 15B Worn carpet from years of foot traffic is normal wear. Carpet chewed by a dog is not. Faded paint is normal; claw marks on a door are not. The landlord has to document the specific damage and connect it to something past ordinary use.
What a Landlord Risks by Collecting an Illegal Pet Fee
Security deposit violations are not treated as minor paperwork problems in Massachusetts. A landlord who fails to deposit the security money correctly, return it within 30 days, or provide the required itemized damage list forfeits any right to keep any portion of the deposit for any reason.1General Court of Massachusetts. Massachusetts Code 186 – Section 15B
The bigger exposure is in damages. A tenant who successfully sues can recover three times the amount of the security deposit, plus 5% interest from the date the payment was due, plus court costs and reasonable attorney fees.1General Court of Massachusetts. Massachusetts Code 186 – Section 15B On a $2,000 security deposit, that is $6,000 before legal fees. The triple damages and attorney-fee provisions are also why plaintiffs’ lawyers will often take these cases.
What to Do if a Landlord Is Charging One
Refuse the charge in writing. A short email or letter saying that the fee is not authorized under Chapter 186, Section 15B is enough. Name the specific charge you are refusing, whether it is a “pet deposit,” “pet fee,” or “application fee,” and keep a copy.
If you are a prospective tenant and the landlord will not drop the fee, walking away may be the cleaner option. Paying the illegal fee creates a problem you then have to unwind in court. For tenants who already paid, the recovery path runs through a Section 15B claim, where the triple damages and attorney-fee provisions do real work.
You can also file a complaint with the Massachusetts Attorney General’s Consumer Advocacy and Response Division, which handles consumer complaints against landlords. The division can be reached at (617) 727-8400 or through its online complaint form.4Commonwealth of Massachusetts. File a Consumer Complaint Local legal aid organizations can help tenants who cannot afford private counsel.