Adejobi and her roommates applied for an apartment run by The Hamilton Company, a Boston-based real estate company that charged the group a $39 application fee before providing a lease, she said. James Matthews, a clinical associate at Suffolk University`s Faculty of Law`s Accelerator Practice, which focuses on eviction and rental law, said landlords can charge additional fees in addition to application fees, such as those to keep an apartment until the lease is signed. None of these additional fees, he said, are legal. While in Massachusetts, the law clearly states that a landlord can charge a tenant for the first month`s rent, the last month`s rent, a security deposit, and the cost of a new lock and key, the law does not state that a landlord can charge a fee to get your CORI report or any other background check.34 A private landlord can refuse to rent an apartment if you don`t pay. additional fees. Even if it`s illegal. If you decide to pay a fee because you are afraid of losing an apartment, make sure you get a written, signed, and dated receipt for the money you paid. Ask that the receipt indicate exactly what the money was intended for. This receipt is very important. If you later decide to dispute these additional costs or deduct them from your future rent, the receipt is proof of the use of the money. «It`s important for students and all tenants to understand that a landlord can only charge for security first, last and the cost of a new lock and key,» Matthews said. «Landlords should not charge a check-in fee or a fee to keep the apartment.» 34.
Under Paragraph 15B(1)(b) of G.L. 186, the law specifies that a landlord may charge only the first month`s rent, the rent for the last month, a deposit and the cost of a new lock. Perry v. Equity Residential Management, LLC, U.S. District Court, District of Massachusetts, Civil Action No. 12-10779-RWZ (August 26, 2014) (G.L. 186, § 15B(1)(b) does not allow landlords to charge potential tenants registration fees, amenities fees, community fees, or upfront pet fees.) Broad Street Associates v. Levine, Northeast Housing Court, 12-SP-2041 (Kerman, J., July 30, 2012) (the landlord`s actions to charge a recurring application fee and «pet fee» of $50 per month were both violations of G.L.
186, § 15B(1)(b)); Vazquez v. Fletcher, Worcester Housing Court, 09-CV-1032 (Fields, J., July 2009) (Deposit fees are illegal). You spend weeks, maybe even months, looking for an apartment. You will finally find the place you were looking for. Before you can sign the lease, the landlord or their real estate agent asks for an application fee; alternatively, they ask for money to verify your loan. Is it legal? No. Owners are not allowed to charge a registration fee in Massachusetts. However, it is possible that a private landlord will refuse to rent you an apartment if you do not agree to pay additional (illegal) fees for background or credit checks. Attorney Richard D. Vetstein`s Massachusetts Real Estate Law Blog clearly describes the case and discusses its impact on homeowners: «Application fees are very common, and I would advise homeowners and property managers to think twice before charging them in all circumstances.» But what about brokers, the people who help connect landlords with potential tenants? Are brokers allowed to charge a registration fee? Yes, as long as they are allowed. The law provides that «no person may engage in the search for living space for potential tenants for a fee unless that person is a licensed broker or seller.» MGL Ch 186 Section 15B: 34.gs/ext_mgl186_15b 254 CMR 700: 34.gs/ext_254cmr7_realtorfees The licensing requirement is important.
In 2007, the Supreme Court allowed a class action lawsuit against a collective society that had hired a broker whose license had expired. The tenants asserted that it was illegal for the management company to charge them a fee for the services of an unlicensed broker (Woodruff v. Niles Co., Inc.). Attention to owners: If you use the services of a broker, make sure that the license is up to date. 37. Although there are very few jurisdictions that deal directly with this issue, if there is no other reason for pet rental fees than to protect the owner from damage caused by the animal, a court may find that such charges are illegal, at least to the extent that the landlord charged a deposit equal to the first month`s rent. See also Broad Street Associates v. Levine, Northeast Housing Court, 12-SP-2041 (Kerman, J., July 30, 2012) (the landlord`s charging a recurring «pet fee» of $50 per month was a violation of G.L. 186, § 15B(1)(b);» Belchertown Real Estate Co. v Farina, Western Housing Court, 09-SP-1546 (Fields, 30 June 2009) Jenkins v. Warringer, Northeast Housing Court, 07-SP-2244 (Kerman, J, 11 October 2007) (the pet fee represented an additional security deposit exceeding the limit of the first month`s rent in G.L. 186, § 15B); Madan v.
Berrath, Boston Housing Court, 97-03156, p. 3 (Winik, J, 20 August 1997) (stating that a pet deposit is a security deposit within the meaning of G.L. 186, § 15B). Nupur Aroskar, a newcomer to Sargent College of Health and Rehabilitation Sciences, along with her three roommates, were also charged a $40 application fee when she applied for a lease through Modern Real Estate, an Allston brokerage firm. When it comes to property or tenant fees, the above reference suggests that «recreational fees» are not reasonable. I have experienced charges for the use of a laundry room where tenants pay for the use of rental washing machines and dryers. My complaints are not dealt with by the legislator. It seems that the costs of sharing space (laundry), the cost of electricity, water and renting machinery are unreasonably passed on to tenants, as there is no separate measure.