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Pet Deposits are NOT allowed in Massachusetts

By
Real Estate Broker/Owner with Realty Concierge International MA #9535680 RI#REB0019277

This week, I've been on a rental blog binge since that is what I've been working on all week.  Today's post is about Pet Deposits.

A Pet Deposit is a specific type of security deposit that landlords may require from tenants who own pets. It is intended to cover any damages that may occur as a result of having a pet in the rental unit. This deposit is typically refundable, provided that the pet causes no significant damage during the tenancy.  

In the State of Massachusetts, Pet Deposits are

NOT ALLOWED!  

In Massachusetts, landlords cannot charge a one-time “pet fee” or extra “pet security deposit,” as these are not among the four legal upfront payments. Courts have ruled that fees not listed in the statute are not permitted, preventing landlords from collecting special pet charges at lease signing.

Allowable Upfront Charges for Landlords in Massachusetts

Massachusetts law is explicit about the payments a landlord can collect from a tenant at the start of a tenancy. The controlling statute, Massachusetts General Laws Chapter 186, Section 15B, limits these upfront charges to four specific items. Landlords are permitted to ask for the first month’s rent, the last month’s rent, a security deposit, and the actual cost to purchase and install a new lock and key. Any other type of fee, such as an application fee or cleaning fee, is not permitted at the beginning of a lease.

A one-time, non-refundable “pet fee” or an extra “pet security deposit” is illegal in Massachusetts. Since these charges are not included in the four legally permitted payments, a landlord cannot require them at the start of a lease. 

Knowing the laws and regulations for renting in Massachusetts is essential. I’m happy to help guide you through the process if you have a rental becoming available.

Posted by

 


Kelly McGovern, Broker/Owner

Realty Concierge International
Mobile: (508) 331-7158
eFax: (877) 491-3766
Email: Info@KellyMcGovern.Realtor
Website: http://www.RealtyConcierge.Realtor
9535680

Comments(5)

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GilbertRealtor BillSalvatore
Arizona Elite Properties - Chandler, AZ
Realtor - 602-999-0952 / em: golfArizona@cox.net

good post with great information. Thanks for sharing it. Bill

Have a fantastic week!

Bill Salvatore, Realtor- Arizona Elite Properties

Jan 22, 2026 11:55 AM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Real Estate Broker

Oh wow, Kelly. In our area, we limit the amount of security deposit to one month, but pet deposit fees seem to be all over the place and often depend on the number of pets, the size of pets, etc. Of course, I've seen some crazy damage from pets in homes I've listed that had had tenants... so I have not problem with a pet security deposit. Usually those deposits have not covered the cost of repairs.

Jan 22, 2026 01:16 PM
Kelly McGovern

One way to handle this is by adding a set amount to the rent each month.  It would be up to the landlord to take that amount monthly and set aside in case there is any damage from the pet when they vacate.

Jan 23, 2026 06:59 AM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

Interesting. In Montana, they are allowed!

Jan 23, 2026 05:17 AM
Kelly McGovern

Funny how every state is different.  It explains why some people are so surprised to hear this and say 'When I lived in XYZ State it was allowed'.  Nope, sorry not here in MA. :)

Jan 23, 2026 06:58 AM
Brian England
Ambrose Realty Management LLC - Gilbert, AZ
MBA, GRI, REALTOR® Real Estate in East Valley AZ

I think that it is funny the ways that everything can be worked around by changing the wording of something, haha.

Jan 23, 2026 05:54 AM
Joan Cox, Retired Broker/Owner
Denver, CO
Enjoying Every Day to Its Fullest!

Kelly, I wasn't thinking of deposit as money with your title.   Landlords can definitely charge pet deposits here in Colorado.

Jan 23, 2026 04:31 PM
Kelly McGovern

haha Joan Cox, Retired Broker/Owner The funny thing is, I was going to use the “deposit” picture you were thinking of for my blog, but I ended up deciding against it!

Jan 24, 2026 06:22 AM