Now Available: Official Guidance on the MA Tenant Fee Law

The Massachusetts Board of Registration of Real Estate Brokers and Salespersons has shared its official guidance about compliance with the new Massachusetts tenant fee law, which goes into effect as of August 2025:

In response to outreach and questions surrounding this change to the Broker Licensing Law, the Board of Registration of Real Estate Brokers and Salespersons issues the following guidance to licensed brokers and salespersons:

• On and after August 1, a prospective tenant may continue to engage a licensed broker or affiliated salesperson to assist with finding an apartment, and the licensed broker or affiliated salesperson may collect a fee from the tenant in connection with such an engagement, provided that the contract is solely between the tenant and the broker or affiliated salesperson, and the broker or affiliated salesperson has not contracted with the landlord or the landlord’s agent.

• A licensed broker or affiliated salesperson may lawfully collect a fee from a tenant for rental brokerage services provided prior to August 1, 2025, even if the broker or affiliated salesperson was engaged by the landlord, provided that the tenant and landlord have executed a lease for the rental property before August 1, 2025.

• Multiple licensed brokers or salespersons often work in a single brokerage firm. A licensed broker or affiliated salesperson may enter into a contract to represent a prospective tenant looking to rent a residential property,and collect the negotiated fee when a lease is signed, even if a broker or affiliated salesperson from the same brokerage firm represents the landlord in that transaction.

Read the full guidance at Mass.gov here.