Under the Massachusetts broker fee law that took effect August 1, 2025, whoever hires a residential rental broker is the one who pays that broker. If the landlord hired the broker, the landlord pays. If you hired the broker yourself to help you search, you pay. Tenants can no longer be charged a fee for a broker they did not choose, and the rule applies to every residential lease with no exceptions.1Executive Office of Housing and Livable Communities. Frequently Asked Questions About Residential Rental Brokers Fees
Who Pays the Fee
The rule is written into Section 87DDD½ of Chapter 112 of the Massachusetts General Laws, added by Section 68 of the fiscal year 2026 state budget.2Mass.gov. Section 68 Residential Rental Broker Fees A broker can still be hired by a landlord to find a tenant, or by a tenant to find an apartment. The fee follows the contract: whoever signed with the broker owes the commission.3Mass.gov. Board of Registration of Real Estate Brokers and Salespersons – Recent Broker Tenant Fee Law Guidance
Most rental brokers in Massachusetts have historically worked for landlords, and those landlords now pay the commissions themselves. A landlord can still route you through their broker for showings and paperwork, but they cannot pass the broker’s bill to you.1Executive Office of Housing and Livable Communities. Frequently Asked Questions About Residential Rental Brokers Fees
When You Would Still Owe a Broker Fee
Broker fees are not banned. If you independently hire a broker to help you find an apartment, you owe that broker’s fee. Two things have to be true: you chose the broker on your own, and the broker is working exclusively on your side of the deal.1Executive Office of Housing and Livable Communities. Frequently Asked Questions About Residential Rental Brokers Fees
One broker cannot represent both sides and then collect from either. If a broker already has the listing for the landlord, that same broker cannot also charge you a tenant-side fee for showing you the unit.1Executive Office of Housing and Livable Communities. Frequently Asked Questions About Residential Rental Brokers Fees
Disguised Fees That Aren’t Allowed
The statute anticipated workarounds and blocks them directly. A landlord or their broker cannot:
- Rename the charge. Admin fees, selection fees, finders’ fees, leasing fees, and similar labels that function as a broker’s fee are prohibited.
- Add a broker-fee surcharge to the monthly rent.
- Inflate first or last month’s rent to recover the fee.
- Make paying the landlord’s broker a condition of signing the lease.
Any of these should be treated as a violation, not a negotiation.1Executive Office of Housing and Livable Communities. Frequently Asked Questions About Residential Rental Brokers Fees
The Disclosure You Should See First
Before a broker does any work with you, they have to give you a written fee disclosure that states who hired them, who pays the fee, and how much the fee is. This applies whether the broker was hired by the landlord or by you.1Executive Office of Housing and Livable Communities. Frequently Asked Questions About Residential Rental Brokers Fees If you never see that form, or if it appears only after you have paid a deposit or signed something, that is itself a problem you can raise with the Board of Registration. You can also confirm a broker’s or salesperson’s license status through the state’s online portal before working with them.4Mass.gov. Check an Occupational Board License
What a Landlord Can Charge at Move-In
Broker fees aside, Massachusetts limits what a landlord can collect from you at or before the start of a tenancy to four items, under M.G.L. c. 186, § 15B:
- First month’s rent.
- Last month’s rent, at the same rate as the first month.
- A security deposit of no more than one month’s rent, held in a separate account with a written statement of condition.
- The actual purchase and installation cost of a key and lock.
That is the entire list. Application fees, move-in fees, and other add-ons are not permitted.5General Court of Massachusetts. Massachusetts Code Chapter 186 Section 15B
What You Can Recover If You Were Charged
A landlord who illegally charges a tenant a broker’s fee is on the hook for up to three times the amount, plus the tenant’s attorney’s fees. Brokers and salespersons who collect fees from someone who did not hire them face fines, suspension, or revocation from the Board of Registration.1Executive Office of Housing and Livable Communities. Frequently Asked Questions About Residential Rental Brokers Fees
Tenants can also bring a claim under the Massachusetts Consumer Protection Act, Chapter 93A, which allows triple the illegal fee plus attorney’s fees and court costs. That is what makes even a modest overcharge worth pursuing.1Executive Office of Housing and Livable Communities. Frequently Asked Questions About Residential Rental Brokers Fees
How to File a Complaint
Complaints go to the Massachusetts Attorney General’s Consumer Advocacy and Response Division. You can file online through the Attorney General’s website or call the consumer hotline at 617-727-8400.6Mass.gov. The Attorney Generals Guide to Landlord and Tenant Rights Save everything: the listing you responded to, any disclosure form you were given, receipts, canceled checks or transfer records, and the emails or texts around the payment. Documented complaints move; undocumented ones stall.
One boundary worth naming: the law covers residential leases only. It does not apply to commercial leases or to home purchases.1Executive Office of Housing and Livable Communities. Frequently Asked Questions About Residential Rental Brokers Fees