Of all 50 states, Massachusetts stands out as the most protective for renters with pets. The combination of a strict deposit law that prohibits separate pet deposits and strong MCAD enforcement makes Massachusetts a model of tenant protection.
No Pet Deposit — Period
Massachusetts General Law c. 186 establishes exactly what landlords can collect at move-in:
- First month's rent
- Last month's rent
- Security deposit = one month's rent
- Lock/key deposit (actual cost)
Any additional charge — including any pet-related upfront cost — is illegal. It doesn't matter what the lease says. A pet deposit violates GL c. 186 and is unenforceable.
The Penalty for Landlords Who Violate
Landlords who wrongfully withhold deposits: liable for the deposit amount + 3x the wrongfully withheld amount + attorney fees. The strong deterrent is why Massachusetts landlords typically comply.
Pet Rent Still Allowed
Massachusetts prohibits pet deposits, not pet rent. Landlords can charge monthly pet rent for conventional pets. ESA owners are exempt from pet rent under federal law.
What to Do If a Massachusetts Landlord Charges a Pet Deposit
- Don't sign without disputing the charge in writing first
- If already paid, send a formal demand for refund citing GL c. 186
- File with MCAD: mass.gov/mcad
- Consider small claims court — 3x damages makes these cases worth pursuing