A Massachusetts Rental Application is a document landlords use to screen prospective tenants for real estate property rental before offering a lease agreement.
Laws
- Application Fee – No difference if it is refundable or not
- Fee Limits – Landlords cannot charge an application fee; only real estate brokers and agents are allowed to do so.
- Security Deposit – Security deposits cannot exceed one month’s rent.
Application Fees
In Massachusetts, landlords are prohibited from charging rental application fees, regardless of whether these fees are refundable.
Conversely, real estate brokers and agents are allowed to collect fees for processing rental applications [1] .
Fair Housing Protections
In Massachusetts, housing providers are prohibited from discriminating against existing or potential tenants on the basis of [2] :
- Race
- Color
- National Origin
- Religion
- Sex
- Familial Status (i.e. children)
- Disability
- Source of Income (e.g. a Section 8 voucher)
- Sexual Orientation
- Gender Identity
- Age
- Marital Status
- Veteran or Active Military Status
- Genetic Information
Security Deposits
The tenant must provide the security deposit within ten days from the beginning of the lease. The funds must be kept in a separate interest-bearing bank account in Massachusetts.
Once you receive the deposit, you must provide the tenant with a written statement of the property’s condition, including a list of any damages on the premises.
Security deposits are refundable within 30 days from the termination of the tenancy unless deductions apply [3] .
Pet Deposits
In Massachusetts, landlords may request pet deposits, but these cannot increase the total amount of the security deposit beyond one month’s rent.
Sample
