Charging a Pet Fee in Massachusetts [UPDATED]
Dogs and cats don’t always make the best tenants. Beside the obvious additional cleaning that needs to be done when a dog or a cat lives in a rental property, having pets creates a liability for even the most pet-friendly property owners. Typically, pets are covered under homeowners' liability insurance. However, if a renter is bringing along a furry friend into their new apartment, are landlords able to charge an additional pet fee to cover incurred costs?
Are pet rental fees legal in Massachusetts?
[UPDATED NOVEMBER 2021]
Yes, pet fees are legal in Massachusetts under some circumstances. A landlord may only collect first and last months' rent, a security deposit, and the cost of changing locks between tenants. However, the recent case Flemming v. Greystar Management has changed the details of how landlords can charge for pets. Though landlords may not accept an additional pet security deposit, they can charge an inflated monthly rent to accommodate the increased liability of allowing a pet on premises.
Tenant/landlord attorney Adam T. Sherwin, Esq. covers this topic in detail with his article, "Pet Rent: When Is it Allowed in Massachusetts?"
Pet fee vs. pet deposit
A landlord may add a monthly amount to rent to cover the added liability of a pet or pets on the premises. However, a landlord may not accept any additional security deposit that exceeds the cost of one month’s rent.
Should you take on a tenant who has a pet?
It depends. If you are searching for a tenant during the off-season (typically October - February), it might be worth compromising on pets since the tenant pool is smallest during this time period. If you do allow a pet, consider adding a pet fee on top of rent to off-set the potential damage caused by the pet. Also, as attorney Jeffrey K Varszegi of Andover points out, “If your lease does not currently include a clause about nuisances (noise, waste, etc.) it's best to include one in any modification, so you will have a better chance of getting the dog out without a major hassle if it becomes a problem.”
Do landlords have to accept pets?
No - landlords are not required to accept a tenant if they have pets, unless that pet is a service animal or an emotional support animal. Your lease agreement can specify this, as well as the types of pets allowed. The Rental Housing Journal writes, “according to the Department of Justice, a “service animal” may be a dog or miniature horse who has been trained to perform a specific task(s). Under the Americans with Disabilities Act, individuals living with a disability are legally entitled to bring these animals into places of public accommodation as well as their residence regardless of any pet restrictions of the premises.”
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