Pet fees are not legal in Massachusetts. State law lists exactly what a landlord can collect at the start of a tenancy, and a pet fee or pet deposit is not on that list — whether the landlord calls it refundable or non-refundable, one-time or move-in, the charge is prohibited. Landlords do have two legal alternatives: they can charge higher monthly rent to tenants who keep pets, or they can refuse to rent to pet owners at all. What they cannot do is allow the pet and then add an upfront fee for the privilege.
The Only Four Charges a Landlord Can Collect Up Front
Massachusetts General Laws Chapter 186, Section 15B sets a closed list of payments a landlord may require at or before the start of a tenancy:
- First month’s rent.
- Last month’s rent, at the same rate as the first month.
- A security deposit, capped at one month’s rent.
- The actual cost of a new lock and key.
Nothing else is permitted. Application fees, move-in fees, amenity fees, cleaning fees, and pet fees all fall outside these four categories and are therefore unlawful. The statute also blocks landlords from demanding additional security or advance rent beyond the current month after the tenancy has already started.1General Court of Massachusetts. Massachusetts Code 186 – Section 15B
A federal court applied that reasoning directly to pet charges 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 The logic is simple. If the legislature had wanted to allow pet deposits, it would have written them into the list. It didn’t. A $300 “pet deposit” on top of a full security deposit is money the landlord isn’t allowed to collect. The landlord’s legitimate tool for pet-related damage is the standard security deposit, which already exists inside the statutory framework.
Pet Rent Is Legal, but Only If It’s Actually Rent
Higher monthly rent for a pet-friendly unit is a different matter. In Flemming v. Greystar Management Services (2021), the Massachusetts Appeals Court considered a separate “animal rent” line on a tenant’s lease and held that it was not a disguised deposit or illegal upfront fee. It was additional rent the tenant agreed to pay each month in exchange for keeping dogs in the apartment, and the court treated it like any other rent obligation in the lease.2Justia. Flemming v. Greystar Management Services
The line between legal pet rent and an illegal pet fee comes down to structure. Legal pet rent is a recurring monthly charge paid during the tenancy. An illegal pet fee is a lump sum collected before or at move-in, no matter what the lease calls it. Nationally, monthly pet rent typically runs $10 to $75, though landlords in high-demand Massachusetts markets sometimes charge more.
Read any pet-related charge on a lease carefully. If it appears as a monthly amount alongside base rent, it’s likely enforceable. If it appears as a one-time payment due at signing, on move-in, or before you get the keys, it is the kind of charge Section 15B prohibits, regardless of the label on it.
Can a Landlord Just Say No to Pets?
Yes. Massachusetts has no law requiring landlords to accept pets. A landlord can adopt a blanket no-pets policy, restrict pets by size or breed, or allow some animals and not others. In practical terms, a landlord has two lawful options: refuse pets entirely, or accept them and build the cost into monthly rent. The one route closed off is accepting the pet and charging an upfront fee for it.
Service Animals and Emotional Support Animals Are Not Pets
The rules change completely 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 extra fees, deposits, or higher rent for these animals, and they must waive a no-pets policy 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, the landlord can ask for reliable documentation from a healthcare provider confirming the disability-related need. The landlord cannot charge for processing the request, impose breed or weight restrictions, or require a special deposit.3U.S. Department of Housing and Urban Development (HUD). Assistance Animals
Denial is possible only in narrow situations: if the specific animal poses a direct threat to health or safety that cannot be reduced through other accommodations, or if the accommodation would impose an undue financial burden or fundamentally change the nature of the housing provider’s operations.3U.S. Department of Housing and Urban Development (HUD). Assistance Animals
Pet Damage Comes Out of the Regular Security Deposit
Because a separate pet deposit is not allowed, the ordinary security deposit — capped at one month’s rent — is the only lawful source for covering pet damage. If a dog shreds a carpet or a cat destroys a door, the landlord can deduct the repair cost from that deposit at the end of the tenancy, following the standard Section 15B process for itemizing damage and providing supporting documentation.1General Court of Massachusetts. Massachusetts Code 186 – Section 15B There is no separate pot of pet money, and the law does not let the landlord create one.
What Happens if a Landlord Collects an Illegal Pet Fee
The penalties in Section 15B are steep, and they are the reason pet fees are worth pushing back on rather than paying to keep the peace. If a landlord fails to properly handle the security deposit, return it within 30 days, or provide the required itemized damage list, the landlord forfeits the right to retain any portion of the deposit for any reason.1General Court of Massachusetts. Massachusetts Code 186 – Section 15B
A tenant who sues successfully 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 monthly rent, the triple-damages provision alone turns a $2,000 deposit dispute into a $6,000 judgment before legal fees are added. The availability of attorney fee recovery is also the reason lawyers will often take these cases.
What to Do if You’re Asked to Pay One
Refuse in writing. A short email or letter saying the charge is not authorized under Chapter 186, Section 15B is enough. Name the specific fee you are refusing, whether it’s a pet deposit, pet fee, or application fee, and keep a copy.
If you are still applying and the landlord will not drop the charge, you may have to walk away from the unit. Paying the fee to secure the apartment creates a problem you then have to unwind through court. If you have already paid an illegal fee, Section 15B’s triple damages and attorney fee provisions give you real leverage to get it back.
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 by phone at (617) 727-8400 or through an online complaint form.4Commonwealth of Massachusetts. File a Consumer Complaint Local legal aid organizations can help tenants who cannot afford private counsel work through the process.