How must Massachusetts landlords advertise rent under the junk fee rule?
Quick answer
Massachusetts' fee rule covers apartments for rent. Under 940 CMR 38.04 the advertised price must be the total price, including every mandatory fee, and shown more prominently than other pricing. Landlords may state it as a monthly or other periodic amount, but must also clearly disclose the full period the lease covers. Government charges may be left out.
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Rentals are covered | "Product" includes dwelling units available for rent or lease, and "Sale" includes lease and rent (38.03) | 940 CMR 38.00 (Mass. AG) |
| Total price | The maximum price a consumer must pay, including all fees and charges and any mandatory add-on in the same transaction; it may exclude government charges and shipping charges (38.03) | 940 CMR 38.00 (Mass. AG) |
| Every price shown | Clearly disclose the total price at the first and every later presentation of a price (38.04(1)); the total price must be more prominent than other pricing (38.04(6)) | 940 CMR 38.00 (Mass. AG) |
| Rent as a monthly figure | Not a violation to advertise the total price as a periodic amount (such as monthly), but the full period covered by the rental or lease must also be clearly disclosed (38.04) | 940 CMR 38.00 (Mass. AG) |
| Fee details | With the total price: the nature, purpose and amount of each fee; for optional or waivable fees, say so and explain how to avoid them (38.04(2)) | 940 CMR 38.00 (Mass. AG) |
| Before personal info | Show the total price before asking for personal or billing information, except information needed for underwriting, availability or legality checks (38.04(4)) | 940 CMR 38.00 (Mass. AG) |
| Do not say "required by law" | Misrepresenting that a fee is required by law is unfair and deceptive (38.04(5)) | 940 CMR 38.00 (Mass. AG) |
| Start date | Applies to acts committed or practices in force as of September 2, 2025 (38.09) | 940 CMR 38.00 (Mass. AG) |
| Penalty | No separate dollar fine in the rule itself. A violation is an unfair or deceptive practice under M.G.L. c. 93A, s. 2; in an Attorney General case the court may order a civil penalty of up to $5,000 for each violation if the business knew or should have known (c. 93A, s. 4) | M.G.L. c. 93A, s. 4 |
| Last verified | October 29, 2026 | Astor Ventures |
Can I advertise base rent and list fees in the small print?
No. Mandatory fees belong in the total price, and the total price must be the most prominent price shown (38.04(1),(6)).
Do optional fees like parking go in the price?
Only mandatory charges are part of the total price. Optional or waivable fees must be disclosed as optional, with how to avoid them (38.04(2)(b)).
Does this decide which fees I may charge?
No. This page covers how prices are advertised under 940 CMR 38. Other Massachusetts landlord-tenant laws limit which fees can be charged at all; check those separately.
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What else do people ask?
Can I ask for an application before showing the total?
Not for general personal or billing information; the exception covers only what is needed for underwriting, availability or legality (38.04(4)).
Does it cover commercial leases?
No. It protects consumers renting for personal, family or household use (38.01, 38.03).
What is the fine?
The rule has no fine of its own; the Attorney General can seek up to $5,000 per violation under M.G.L. c. 93A, s. 4.
Is this legal advice?
No. General information only.
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