MA · Renter law

Which lease clauses are illegal in Massachusetts?

Massachusetts leases often still carry clauses the law stopped allowing years ago. Here’s what each one looks like on the page, what the statute says, and what’s actually legal.

Updated October 15, 2026 · 8min read · How we check the law

The short answer

In Massachusetts, a lease can’t charge any move-in cost beyond first month’s rent, last month’s rent, a one-month security deposit and a lock fee; can’t impose a late fee until rent is 30 days overdue; can’t forfeit your deposit; can’t make you pay a broker the landlord hired; and can’t let the landlord evict without going to court. Those terms are unenforceable even if you signed the lease (M.G.L. c. 186, §§ 15B and 15F).

Below are 10 lease clauses that Massachusetts law voids or limits, each with an example of how it tends to read in a real lease and the statute behind it. A landlord can still print them; what the law decides is whether they can be enforced against you.

10 lease clauses that break Massachusetts law

1. Move-in fees beyond first, last, deposit and a lock

Lease language to watch for
“Upon signing, Tenant shall pay a non-refundable application fee of $75, an amenity fee of $300, and a pet deposit of $500.”
What the law saysM.G.L. c. 186, § 15B
At or before the start of a tenancy, a landlord may collect only first month’s rent, last month’s rent, a security deposit of up to one month’s rent, and the cost of a new lock and key. Application fees, amenity fees, move-in fees and pet deposits are not on the list.
Read the official text

You can decline the extra lines before you sign. If you already paid, you can ask for the money back in writing and cite § 15B.

More detail: Massachusetts deposit and move-in fee rules.

2. A late fee before rent is 30 days overdue

Lease language to watch for
“If rent is not received by the 5th of the month, Tenant shall pay a late charge of $50.”
What the law saysM.G.L. c. 186, § 15B
A landlord may not charge interest or a penalty for late rent until the rent is 30 days overdue. A fee that kicks in sooner is unenforceable. Massachusetts sets no separate dollar cap once the 30 days have passed.
Read the official text

Paying on the 10th is late, but it can’t trigger a fee in Massachusetts.

More detail: Massachusetts late fee rules.

3. A deposit that is forfeited or “non-refundable”

Lease language to watch for
“In the event of any breach by Tenant, the security deposit shall be forfeited to Landlord in its entirety as liquidated damages.”
What the law saysM.G.L. c. 186, § 15B
A landlord may deduct only unpaid rent, an agreed share of a real estate tax increase, and the reasonable cost of damage beyond normal wear and tear, backed by a sworn, itemized statement within 30 days after the tenancy ends. Using a lease term that forfeits the deposit can make the landlord liable for three times the amount withheld, plus interest, court costs and attorney’s fees.
Read the official text

More detail: Massachusetts deposit and move-in fee rules.

4. Paying a broker the landlord hired

Lease language to watch for
“Tenant shall pay a broker’s fee equal to one month’s rent to Listing Agent at lease signing.”
What the law saysM.G.L. c. 112, § 87DDD1/2
Since August 1, 2025, a broker’s fee may be paid only by the party who hired that broker. If the landlord’s listing agent found you the apartment, the fee isn’t yours to pay.
Read the official text

If you hired your own broker, you owe them. If you didn’t, a broker-fee line in the lease or move-in bill is not permitted.

More detail: Massachusetts broker fee law.

5. Paying for utilities that aren’t metered to your unit

Lease language to watch for
“Tenant shall be responsible for all gas and electric charges for the building.”
What the law says105 CMR 410.200
The owner must supply and pay for electricity and gas unless the service runs through a meter serving only your unit and a written rental agreement says you pay. A lease that bills you for a shared meter or for common areas conflicts with the State Sanitary Code.
Read the official text

6. A right to enter whenever the landlord wants

Lease language to watch for
“Landlord and its agents may enter the Premises at any time for any purpose.”
What the law says940 CMR 3.17105 CMR 410.003
Entry is limited to lawful purposes such as inspection, repairs, showing the unit or a court order, and should follow reasonable notice except in an emergency. For repair work under the Sanitary Code, the owner must give at least 48 hours’ notice unless the repair is an emergency.
Read 940 CMR 3.17Read 105 CMR 410.003

7. Lockouts or eviction without going to court

Lease language to watch for
“Upon Tenant’s default, Landlord may re-enter the Premises, change the locks, and remove Tenant’s belongings without legal process.”
What the law saysM.G.L. c. 186, § 15FM.G.L. c. 184, § 18
A lease provision that lets the landlord take possession or evict without the court’s summary process is void. Changing the locks, removing belongings or forcing a tenant out without a court order is prohibited.
Read M.G.L. c. 186, § 15FRead M.G.L. c. 184, § 18

8. A vague “tax increase” pass-through

Lease language to watch for
“Tenant agrees to pay any increase in real estate taxes assessed against the property.”
What the law saysM.G.L. c. 186, § 15C
A clause passing tax increases on to a tenant is void unless it limits you to your unit’s proportionate share, states the exact percentage you pay, and requires the landlord to refund your share of any abatement.
Read the official text

9. Giving up your repair-and-deduct remedy

Lease language to watch for
“Tenant waives any right to make repairs and deduct the cost from rent.”
What the law saysM.G.L. c. 111, § 127L
When code violations are certified and the owner doesn’t start repairs within five days of written notice, a tenant may make the repairs and deduct up to four months’ rent in a year. A lease waiving this is void, except in a lease of more than two years where the tenant agrees to specific repairs for substantially lower rent.
Read the official text

10. Pet fees for a service or assistance animal

Lease language to watch for
“No animals of any kind. Any animal on the Premises incurs a $500 fee.”
What the law saysM.G.L. c. 151B, § 4
A “no pets” clause doesn’t apply to a service animal or an assistance animal needed by a person with a disability, and the landlord may not charge a pet fee or deposit for it.
Read the official text

It helps to know what isn’t a violation, so you can spend your negotiating energy on the lines that are. These terms are lawful in Massachusetts:

  • First, last and a full deposit, all at once. Collecting first month’s rent, last month’s rent, a one-month security deposit and the cost of a new lock together is legal. It’s the maximum, but it’s lawful. (M.G.L. c. 186, § 15B)
  • A late fee after 30 days. Once rent is 30 days overdue, a late fee in the lease can apply. Massachusetts statute sets no dollar cap on it. (M.G.L. c. 186, § 15B)

If your lease has one of these clauses

Before you sign: ask for the line to be removed or rewritten, and quote the citation from the card above. Something like: “This clause conflicts with Massachusetts law, so I’d like it struck before I sign.” How a landlord responds tells you a lot about renting from them.

After you’ve signed: a clause the law voids doesn’t become enforceable because it’s in a lease you signed. If a landlord tries to enforce one, a short written reply citing the statute is usually the first step. For an eviction or a lawsuit, talk to a tenant lawyer or your local legal aid office.

If one of these is in your lease, it’s worth checking the rest, including the addenda and rules pages, which can carry problem clauses as easily as the main form.

See everything we check in a Massachusetts lease

Questions renters ask

Is my whole Massachusetts lease void if it has an illegal clause?

Usually not. The illegal term can’t be enforced against you, but the rest of the lease generally stands: you still owe rent, and the landlord still owes repairs. Some violations, like a deposit-forfeiture clause, also expose the landlord to triple damages.

Can a Massachusetts landlord charge an application fee?

No. At or before move-in, a landlord may collect only first month’s rent, last month’s rent, a security deposit of up to one month’s rent, and the cost of a new lock and key. An application fee isn’t on that list.

Do I have to pay the broker fee in Massachusetts?

Only if you hired the broker. Since August 1, 2025, a broker’s fee may be paid only by the party who engaged that broker, so a fee for the landlord’s listing agent isn’t yours to pay.

Sources & statutes

More for Massachusetts renters

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LeasePatrol provides rental law information, not legal advice, and is not a law firm. Statute summaries here describe the law as of the “updated” date above; if you're facing an eviction or a lawsuit, talk to a tenant lawyer or your local legal aid office.