New “Junk Fee” Regulations Take Effect on September 2
On September 2, 2025, Massachusetts’ new “junk fee” regulations (940 CMR 38.00) go into effect. These rules, issued by Attorney General Andrea Campbell, are designed to eliminate hidden charges and make costs more transparent for consumers, and they have direct implications for landlords.
What Landlords Must Do
Advertise the total monthly cost: Rental listings must show the full monthly payment a tenant is required to make, inclusive of all mandatory charges. No surprises after a tenant applies.
Accurately describe any fees: If you charge something beyond rent, such as a lock-change fee, it must be clearly labeled, reflect actual costs, and be disclosed upfront.
Optional fees must be clear: Any fee that a tenant can avoid must come with clear instructions on how to opt out. Hidden “default” charges are prohibited.
Recurring charges and renewals: Automatic lease rollovers and other “negative option” features are covered. This applies to month-to-month rentals, as well as fixed-term leases that automatically convert to month-to-month at the end of the lease. In both cases, landlords must provide tenants with advance written notice of renewal dates, charges, and cancellation procedures.
Water and sewer charges: The regulations confirm landlords may continue to pass along separately-metered water and sewer costs, provided this is done in compliance with existing state law.
Upfront move-in costs: In compliance with existing state law, landlords may require first month’s rent, last month’s rent, and one month’s security deposit, and these amounts must be disclosed up front. However, under the recently enacted broker fee law, landlords can no longer pass a broker’s fee on to tenants when the broker was hired by the landlord.
Failure to comply can be treated as an unfair or deceptive practice under Chapter 93A, exposing landlords to legal action from the Attorney General or tenants.
Next Steps
Audit your leases and advertising to make sure all costs are disclosed upfront.
Review renewal language to ensure notices are sent on time for month-to-month and auto-converting leases.
Train staff and brokers on compliance before the September 2 deadline.
For the Attorney General’s full guidance, visit the AGO’s Junk Fee Regulations Advisory
Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Landlords should consult with their own attorney regarding compliance with Massachusetts law.
by Lukas Krolak
