Massachusetts Pet Rent Laws: Landlord Rules & Renter Rights

Understanding if and how a landlord can charge pet rent or pet fees is essential for renters with animals in Massachusetts. This guide outlines what Massachusetts law allows, your rights, and practical steps when negotiating or questioning pet-related charges in your lease.

Pet Rent and Pet Fees in Massachusetts

In Massachusetts, state law does not specifically regulate or ban “pet rent”—monthly fees charged for keeping pets—so long as these fees are transparently included in your signed lease agreement. However, certain fees and deposits are tightly regulated

What Landlords Can and Cannot Charge

• Pet rent: Monthly pet rent is generally allowed as a separate line item in your lease.
• Pet fees: A one-time, non-refundable pet fee is not explicitly regulated, but extra deposits beyond the allowed security deposit are not legal.
• Additional deposits: Landlords may only collect (1) first month's rent, (2) last month's rent, (3) a security deposit up to one month’s rent, and (4) the cost of a new lock/change of keys when you move in.
  (See Massachusetts General Laws c. 186, § 15B)

Any deposit called a "pet deposit" above the standard security deposit amount is not legal in Massachusetts.^[1]

Rules for Service Animals

• Landlords may not charge pet rent, extra deposits, or fees for service animals or emotional support animals (ESAs). This is protected under state and federal law.^[2]

How Pet Rent and Fees Work in Practice

If you have a pet and the lease includes a monthly pet rent, you are responsible for paying that amount as long as your pet resides with you, unless your pet is a service animal. If you notice a charge labeled as a “pet deposit” or an extra fee that is not part of rent, it’s a good idea to verify its legality with state law and be prepared to discuss it in writing with your landlord.

What to Do If You See an Unlawful Pet Deposit

• Review your lease and the itemized statement from your landlord.
• Point out the relevant law: landlords cannot collect more than one security deposit (up to one month’s rent).
• Contact the Massachusetts Department of Consumer Affairs and Business Regulation or the Massachusetts Housing Court for guidance.

If the issue remains unresolved, you may request a hearing through your local Housing Court. This tribunal handles most residential landlord-tenant disputes in Massachusetts.

Official Forms for Addressing Unlawful Pet Fees

• Tenant Petition to Enforce the Security Deposit Law (Security Deposit Law Petition Form):
  • Used when you believe a landlord is unlawfully collecting extra deposits, like a separate pet deposit.
  • Submit to the Housing Court. Example: If your landlord demands a “pet deposit” above your security deposit, fill out this form to begin a complaint.

For general disputes, you can also consider the "Summary Process Summons and Complaint" through Housing Court if you are at risk of eviction as a result of withholding an unlawful fee.

Relevant Massachusetts Legislation & Tribunal

• Massachusetts General Laws Chapter 186 § 15B — the main tenant-landlord security deposit statute
• Housing Court of the Massachusetts Trial Court — handles rental disputes

FAQ: Massachusetts Pet Rent and Fees

1. Can a landlord charge a separate "pet deposit" in Massachusetts?
   No. Landlords cannot collect a separate pet deposit beyond the legal security deposit limit of one month’s rent under state law.
2. Are monthly pet rent charges legal in Massachusetts?
   Yes, as long as monthly pet rent is clearly disclosed in your lease, it is allowed.
3. Can landlords refuse to rent to pet owners?
   Yes, landlords may choose not to rent to tenants with pets, but they cannot refuse service or assistance animals.
4. Is there a cap on pet rent?
   No, Massachusetts does not impose a maximum on the amount of pet rent, but it must be agreed upon in your lease.
5. Are emotional support animals or service animals exempt from pet rent?
   Yes. Pet rent, fees, or deposits cannot be applied to service animals or ESAs under state and federal fair housing law.

Summary of Key Takeaways

• Landlords can charge pet rent if it’s clearly included in the lease, but not an extra pet deposit.
• Massachusetts law limits up-front deposits to one month’s rent for a security deposit—additional “pet deposits” are not legal.
• Service animals and emotional support animals are exempt from pet-related fees and deposits.

Need Help? Resources for Renters

• Massachusetts Housing Court — For filing complaints, responding to eviction notices, or getting dispute resolution help.
• State Tenant Rights Guide — Official overview of Massachusetts tenant rights, fee limits, and more.
• Department of Consumer Affairs and Business Regulation — For general landlord-tenant complaints.
• Legal Assistance for Tenants in Massachusetts — Directory of tenant legal aid.

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1. Massachusetts General Laws Chapter 186, Section 15B — Security deposit law overview.
2. See A Guide to Disability Rights Laws (Mass.gov) — Service/assistance animal protections.
3. Massachusetts Housing Court (Official Tribunal).

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