The Comprehensive Guide to Fees Involved in Renting an Apartment

Renting an apartment can come with many fees beyond just the monthly rent. Understanding these costs before signing a lease is important in order to budget and avoid any surprises later on. Here is a list of some of the most common fees involved when renting an apartment:

1. First Month's Rent: The first month's rent refers to the amount of rent that a tenant must pay when moving into a rental property for the first time. It covers the rental period from the move-in date to the end of the current rental month. This amount is typically due on or before the move-in date and is required in order to secure the rental property.
2. Last Month's Rent: The last month's rent is an additional fee that is often required by landlords or property management companies before the start of a tenant's lease. It is equal to one full month's rent and can only be used to pay for the last month of occupancy. A landlord must pay the tenant interest on the last month's rent annually.
3. Security deposit: This is a fee that is usually collected upfront before moving in and is equivalent to one month's rent. The security deposit is held by the landlord as a form of protection against any damages to the proeprty. The security deposit is typically returned at the end of the lease term if the apartment is returned in good condition.
   A landlord must keep the security deposit in a separate, interest-bearing escrow account within Massachusetts and provide the tenant with a receipt containing the bank's name and account number. The tenant is owed the interest earned.
4. Pet deposit: In Massachusetts a one-time, upfront "pet fee" is generally illegal, landlords may be able to charge a higher monthly rent for tenants with pets, often referred to as "pet rent." The rationale is that the higher rent compensates the landlord for the potential increased wear and tear on the apartment. The rules regarding pet fees and pet rent do not apply to service animals and emotional support animals for individuals with disabilities. Under fair housing laws, landlords are required to provide reasonable accommodations, which includes waiving any pet-related charges for these assistance animals. Landlords cannot charge extra rent or fees for a documented service or emotional support animal.
5. Broker's fee: A broker's fee is a charge that a tenant pays to the real estate broker who is helping them find an apartment to rent. This fee is usually paid by the tenant, and not the landlord, and is a percentage of the annual rent amount or a one-time flat fee.

   In most cities, the broker's fee is usually around 12-15% of the annual rent amount. For example, if the annual rent for an apartment is $20,000, the broker's fee would be $2,400 to $3,000. Some brokers may charge a flat fee, which is a set amount that does not change regardless of the rent amount. For example, a broker may charge a flat fee of $1,500 for their services. In Boston it is normally one month's rent.
   It's important to note that some landlords may offer to pay the broker's fee on behalf of the tenant. This is typically done in a tight rental market where landlords are trying to attract tenants to their property. In this case, the tenant will not have to pay the broker's fee, but they should still check with the broker to make sure they are not responsible for any other fees.
   The broker's fee is used to cover the cost of the broker's services, which typically include showing the apartment to the tenant, negotiating the lease terms and conditions, and handling all the paperwork required for the rental process. The broker's fee is usually non-refundable, meaning that the tenant will not get the fee back if they decide not to rent the apartment or if the landlord decides not to rent to them.
   UPDATE: Starting August 1, 2025, a new Massachusetts law changes who pays the real estate broker's fee for residential rentals. The person who hired the broker-either the landlord or the tenant-is now the only one responsible for paying that fee. This means tenants won't have to pay a broker's fee unless they were the ones who hired the broker in the first place.

6. Parking fee: If you have a car, you may have to pay a monthly parking fee. This fee can vary depending on the location and availability of parking in the area.
7. Late payment fee: In Massachusetts a landlord cannot charge a late fee until the rent is at least 30 days overdue.
8. Renewal fee:In Massachusetts, it is illegal for a landlord or management company to charge a fee for renewing a lease.
   
9. Lock and key fee: The actual cost for the purchase and installation of a new lock and key.
10. Termination fee: If you choose to break your lease early, some landlords or management companies may charge a termination fee to cover the cost of finding a new tenant.
    Massachusetts law does not allow for arbitrary "termination fees." If a tenant breaks a lease, they are responsible for paying rent until the lease ends or until the landlord finds a replacement tenant. Landlords have a legal "duty to mitigate damages," meaning they must make a reasonable effort to re-rent the unit. The tenant is liable for lost rent during that period, not a flat penalty fee.
11. Utilities: Most apartments require tenants to pay for their own electricity, gas, water, and other utilities. Some landlords or management companies may also charge a monthly fee for trash and sewage services.

It is important to understand that these fees can vary greatly depending on the landlord or management company, the location of the apartment, and other factors. Before signing a lease, be sure to ask the landlord or management company about any additional fees that may apply and to get a clear understanding of the costs involved in renting an apartment.

 

Can a landlord require a month's rent deposit with an application for an apartment in Massachusetts?

No, a landlord in Massachusetts cannot require a month's rent deposit with an application for an apartment. The Massachusetts security deposit law limits the amount of a security deposit that a landlord can charge to one month's rent. This means that a landlord cannot require a tenant to pay a month's rent in advance as an application fee.

It is illegal for a landlord in Massachusetts to charge a separate application fee to cover costs such as background or credit checks. These expenses are considered the landlord's cost of doing business.

If a landlord requires a tenant to pay more than these fees, the tenant can file a complaint with the Massachusetts Attorney General's Office.

 

Protecting Your Security Deposit

In Massachusetts, when a landlord collects a security deposit, they must provide the tenant with a "Statement of Condition" form within 10 days of the tenancy starting. The tenant then has 15 days to review it, list any existing damage, and return it to the landlord. This form is the primary evidence used to determine if any damages should be deducted from the security deposit at the end of the lease. Make sure that you take dated photos or video at move-in to supplement this form.

 

Prohibited Fees in Massachusetts

In Massachusetts it's illegal for a landlord to charge for:

• Application fees
• Credit check fees
• Holding deposits
• Pet deposits (one-time fees)
• Lease renewal fees
• Any security deposit greater than the first month's rent
• Late fees charged before the rent is 30 days late

 

Helpful Resoures

• The Massachusetts Attorney General's Consumer Advocacy & Response Division - Consumer Hotline at 617-727-8400.
• City of Boston Office of Housing Stability - 617-635-4200

 

Summary

Renting an apartment can come with many fees beyond just the monthly rent depending on what state you live in. Understanding these costs before signing a lease is important in order to budget and avoid any surprises later on. Some of the most common fees include security deposits, parking fees, lock and key fees and utilities. Before signing a lease, be sure to ask the landlord or management company about any additional fees that may apply and to get a clear understanding of the costs involved in renting an apartment.

The law in Massachusetts, specifically Massachusetts General Laws Chapter 186, Section 15B, strictly limits the charges a landlord can collect from a tenant at the beginning of a lease. These are restricted to:


• The first month's rent
• The last month's rent
• A security deposit equal to the first month's rent
• The cost of a new lock and key

 

 

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