Challenging Illegal Rent Fees in Massachusetts

If you're a renter in Massachusetts and notice questionable fees added to your rent bill, you have rights and protections under state law. Illegal fees—charges not allowed by Massachusetts landlord-tenant law—are unfortunately common. Knowing what is legal, how to challenge inappropriate charges, and what resources are available can make a big difference in protecting your finances and your home.

What Fees Are Illegal on Rent Bills in Massachusetts?

Massachusetts law strictly controls what landlords can charge renters. Some of the most common illegal fees include:

• Application fees – Landlords cannot charge you to apply for a rental.
• Holding deposits (before a lease is signed) are not allowed.
• Non-refundable move-in fees are prohibited.
• Excessive or repeated late fees, or those applied before the rent is 30 days late, are illegal.

Landlords may only collect four types of payments at the start of a tenancy:

• First month’s rent
• Last month’s rent
• Security deposit (up to one month’s rent)
• Cost of a new lock and key

Reference: Official list of legal tenant fees (Mass. government).

How to Challenge an Illegal Fee

If you spot an unlawful fee on your rent bill, take the following steps to address the problem. Acting quickly can help resolve misunderstandings and protect your legal rights.

Step 1: Double-Check Your Lease and Massachusetts Law

• Review your lease agreement and compare it with state law using the Massachusetts General Laws Chapter 186, Section 15B (security deposit and fees section).
• Identify exactly which fee appears to be illegal or not mentioned in your lease.

Step 2: Contact Your Landlord in Writing

• Draft a clear, polite letter or email to your landlord.
• State which fee you believe is illegal, refer to Massachusetts law, and request removal or correction.
• Keep a copy of all communication for your records.

Step 3: File a Consumer Complaint if Needed

• If your landlord refuses to remove the illegal charge, you can file a complaint with the Massachusetts Office of Consumer Affairs and Business Regulation.
• Use the Consumer Complaint Form (online submission) to report unfair or illegal fees.
• Example: If a landlord charges a $200 application fee, you can submit the form describing your situation and attach supporting documents.

Step 4: Seek Help from the Massachusetts Housing Court

• If you are facing threats of eviction or need to defend against illegal fees in court, the Massachusetts Housing Court handles all residential tenancy disputes.
• File a motion or submit your defense regarding illegal charges if you receive a summons related to your tenancy.

Relevant Massachusetts Tenant Forms

• Consumer Complaint Form: Used to report landlords for illegal or unfair fees. Fill this out and submit online or via mail — see the official complaint page for details.
• Housing Court Answer Form (no official form number): Used if you are summoned to Housing Court, and want to defend yourself against improper charges. Access instructions at the Respond to a Summons and Complaint page and use the court’s guidance for preparing your answer.

Both forms protect you by creating a paper trail and make your complaint official.

Key Legislation and Tribunal/Board Information

• Massachusetts General Laws, Chapter 186, Section 15B: Security Deposits and Fees
• The official tribunal for residential tenancies in Massachusetts is the Massachusetts Housing Court.

Make sure you refer to the most recent law and court procedures when challenging fees.

Frequently Asked Questions

1. What fees can my landlord legally charge me in Massachusetts?
   Landlords can only ask for first month’s rent, last month’s rent, a security deposit up to one month’s rent, and the cost of a new lock and key.
2. Are late fees allowed in Massachusetts?
   Landlords can charge late fees only if the rent is more than 30 days past due, and only if the lease specifies this in writing.
3. How do I report an illegal fee to the state?
   File a Consumer Complaint online with the Massachusetts Office of Consumer Affairs and Business Regulation or contact the Attorney General’s office.
4. Can an application fee be charged by my landlord?
   No, application fees are not legal in Massachusetts. You can report landlords who charge this fee.
5. What should I do if a landlord refuses to return an illegal fee?
   Send a written request, keep records, and file a formal complaint with the Office of Consumer Affairs. Consider getting help from Housing Court if necessary.

Conclusion: What Renters Should Remember

• Massachusetts law protects renters from most non-standard or excessive fees.
• If you are charged an illegal fee, stay calm, document everything, and follow the official complaint process.
• Free support and enforcement are available if you need help.

Understanding what your landlord can and cannot charge—and knowing how to respond—gives you control and peace of mind during your tenancy.

Need Help? Resources for Renters

• Massachusetts Housing Court: Handles residential tenancy disputes, fee complaints, and eviction matters.
• Office of Consumer Affairs and Business Regulation: File complaints about illegal fees or unfair practices.
• Massachusetts Tenants’ Rights and Responsibilities Guide: Essential tenant information direct from the state.
• Massachusetts Attorney General’s Office: Additional legal support and hotlines for renters facing disputes.

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1. Massachusetts General Laws, Chapter 186, Section 15B
2. Tenants’ Rights and Responsibilities Guide — Mass.gov
3. File a Consumer Complaint — Office of Consumer Affairs
4. Massachusetts Housing Court — Government Portal

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