Under the Boston broker fee law that took effect August 1, 2025, the person who hires the broker is the person who pays. If a landlord or a landlord’s agent lists an apartment, the landlord owes the broker’s commission. You only owe a broker fee if you personally hired a broker to represent you and signed a written agreement before that broker started work.1Mass.gov. Frequently Asked Questions About Residential Rental Brokers Fees
The statute is MGL c. 112 § 87DDD½. A landlord cannot make paying their broker’s fee a condition of signing the lease, and cannot relabel that fee to slip it past you. The City of Boston puts the rule in three lines: if the landlord hired the broker, the landlord pays; if you hired the broker under a contract, you pay; and nobody can require you to pay unless you agreed to it in writing.2City of Boston. Broker Fees: What To Know About The New Law
When You Still Owe a Broker Fee
The law did not abolish broker fees. It reassigned them. If you decide to hire a broker to search on your behalf, negotiate with landlords, and present offers for you, that broker works for you and you pay their fee.1Mass.gov. Frequently Asked Questions About Residential Rental Brokers Fees
Two conditions have to be met. The broker must be representing you exclusively, not the landlord of the unit you’re renting. And you must sign a written agreement before the broker begins working with you. A broker who was already engaged by a landlord cannot switch sides mid-search and bill you for the same apartment, and you cannot be charged retroactively for work a broker did before you agreed to hire them.
For most Boston renters, this means no broker fee at all. Landlord-hired brokers dominated the pre-2025 market, and those fees now belong to the landlord. Hiring your own broker is available if you want dedicated help in a tight search, but it is a choice you make and pay for, not a cost bolted onto every listing.
How Much a Broker Fee Costs
When you do hire your own broker, the market standard is one month’s rent. Massachusetts law does not cap the amount, but the one-month convention has held. On a $3,000 apartment, that is a $3,000 fee.
The fee sits on top of what a landlord can lawfully collect at signing. Under MGL c. 186 § 15B, a landlord may ask for only four things at move-in:
- 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 purchasing and installing a new lock and key.
Nothing else. Application fees, credit check fees, administrative fees, and move-in fees are not allowed.3Mass.gov. Attorney General Advisory on Landlord-Tenant Broker Fees If you hired your own broker, that fee is a separate obligation to the broker, not to the landlord. On a $3,000 unit where you hired a broker and the landlord takes all four permitted charges, expect roughly $12,000 due at signing.
The Written Disclosure a Broker Must Give You
Any broker charging you a fee has to hand you a written disclosure under 254 CMR 7.00 at your first personal meeting, before doing any work for you.4Mass.gov. 254 CMR 7.00 – Apartment Rentals Since the August 2025 change, the disclosure must also state who hired the broker and who is responsible for paying.1Mass.gov. Frequently Asked Questions About Residential Rental Brokers Fees
The form must show:
- The fee amount, in dollars or as a percentage.
- When and how it is to be paid.
- Whether any portion is owed if no lease is signed.
- The broker’s or salesperson’s license number.
You and the broker both sign and date it. Under 254 CMR 7.00, a broker generally cannot charge you unless a tenancy is actually created, unless you specifically agreed in writing that a fee is owed even if the deal falls through. Read that language before you sign, because it controls whether you get your money back if the landlord rejects your application or the lease never closes. A broker who asks for payment without ever giving you this disclosure is out of compliance.
What to Do If You’re Charged Illegally
The penalties for demanding a broker fee from a tenant who did not hire the broker are heavy. A landlord may be liable for up to three times the amount charged, plus your attorney’s fees. Brokers who go along with it face fines or license revocation from the Board of Registration of Real Estate Brokers and Salespersons.1Mass.gov. Frequently Asked Questions About Residential Rental Brokers Fees
File a Complaint
You can file with the Attorney General’s office online if a landlord, broker, or property manager has broken the law.5Mass.gov. AGs Office Releases Advisory on New Law Banning Forced Renter Paid Broker Fees Complaints against a licensed broker or salesperson go to the Division of Occupational Licensure. The Board can be reached at 617-701-8661 or realestateboard@mass.gov.6Mass.gov. Board of Registration of Real Estate Brokers and Salespersons
Get Your Money Back
If you already paid a fee you didn’t owe, the Massachusetts Consumer Protection Act (Chapter 93A) is the usual route. Send a written 30-day demand letter first, describing the violation and the relief you want. If the business ignores it or offers an unreasonable settlement, a court can award two to three times your actual damages for a willful violation, plus reasonable attorney’s fees.7Mass.gov. 30 Day Demand Letter
Small claims court handles disputes up to $7,000, and there is a specific exception for consumer protection cases: if your actual damages fall inside the limit but multiple damages under Chapter 93A push the total above it, the case still proceeds in small claims.8Mass.gov. Small Claims Court Most broker fees land in the $2,000 to $4,000 range, which fits the forum well.
Other Move-In Charges That Aren’t Legal Either
Landlords sometimes try to make up the lost broker fee with other line items at signing. The four permitted charges under MGL c. 186 § 15B are the whole list.9General Court of Massachusetts. Massachusetts Code Part II, Title I, Chapter 186, Section 15B Application fees, administrative fees, move-in fees, background check fees, and credit check fees are not allowed, no matter what the lease calls them.3Mass.gov. Attorney General Advisory on Landlord-Tenant Broker Fees If a landlord asks for anything past the four items, raise it with the Attorney General’s office.