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Massachusetts Tenant Pet Rights Guide

Know exactly what your landlord can and cannot do in Massachusetts — and how to fight back when they cross the line.

⚡ Massachusetts Quick Facts

Can landlords charge pet deposits? Yes — No pet deposit allowed — security deposit = 1 month rent only
Can landlords charge monthly pet rent? Yes — allowed for conventional pets
ESA / Service Animals exempt from pet fees? YES — Federal Fair Housing Act
Pet deposit state cap: No pet deposit allowed (1 month security deposit max)
Governing law: GL c. 186
Key cities: Boston, Worcester, Springfield, Cambridge, Lowell

Your Rights as a Massachusetts Tenant with a Pet

Massachusetts is one of the most tenant-friendly states for pet owners in the entire country. Landlords cannot charge a separate pet deposit — only a security deposit of one month's rent is allowed. Combined with strong ESA protections, Massachusetts renters with pets have powerful legal standing.

What Massachusetts Law Actually Says

Massachusetts landlord-tenant law under GL c. 186 is remarkably tenant-protective regarding deposits. Landlords may only collect:

  • First month's rent
  • Last month's rent
  • Security deposit equal to ONE month's rent
  • Lock/key deposit
No separate pet deposit is permitted under Massachusetts law. If a landlord charges you a pet deposit above these amounts, they are violating state law. Security deposits must be held in a separate interest-bearing account and returned within 30 days of lease termination.

MCAD actively enforces disability discrimination in housing, and Massachusetts courts have consistently ruled in favor of ESA owners when landlords fail to provide reasonable accommodations.

Emotional Support Animals: Massachusetts Landlords CANNOT Charge Fees

Under the federal Fair Housing Act (FHA) and HUD guidelines, emotional support animals (ESAs) and service animals are not classified as "pets." This means:

  • Landlords cannot charge pet deposits for an ESA or service animal
  • Landlords cannot charge monthly pet rent for an ESA
  • Landlords cannot require PetScreening or similar paid screenings for ESAs
  • Landlords can request documentation from a licensed mental health professional — but this documentation must be reasonable and is limited in scope
  • Landlords cannot demand your specific diagnosis, medical records, or charge an application fee for ESA accommodation requests

What Massachusetts Landlords CANNOT Do

  • Charge any separate pet deposit (illegal under MA law)
  • Collect more than 1 month's rent as a security deposit
  • Charge pet fees or pet rent for documented ESAs
  • Require ESA owners to use paid screening platforms
  • Discriminate based on disability under MA General Laws

What Massachusetts Landlords CAN Legally Do

  • Charge monthly pet rent for conventional pets (not ESAs)
  • Enforce no-pet policies for conventional pets
  • Request reasonable ESA documentation from a licensed LMHP
  • Include pet-related damage provisions in leases (payable after the fact)

If Your Massachusetts Landlord Violated Your Rights

1

Document Everything

If charged a pet deposit, this is a clear state law violation. Document the amount, when charged, and how it was labeled.

2

File with MCAD

File at mass.gov/mcad. Massachusetts has strong enforcement and tenants can recover actual damages plus up to 3x damages for willful violations.

3

Get Legal Help

Contact Massachusetts Legal Aid or Greater Boston Legal Services.

Free HUD Complaint Letter Template

Copy and customize this template for your HUD complaint or direct communication with your landlord. Replace all [BRACKETED] placeholders with your actual information.

📋 HUD Complaint / Reasonable Accommodation Request — Copy & Paste

To: [LANDLORD NAME / PROPERTY MANAGEMENT COMPANY] Address: [LANDLORD ADDRESS] Date: [DATE] Re: Fair Housing Act — Reasonable Accommodation Request / Complaint Property: [RENTAL PROPERTY ADDRESS] Tenant: [YOUR NAME] Dear [LANDLORD NAME], I am writing to formally [request a reasonable accommodation / notify you of a Fair Housing violation] under the Fair Housing Act (42 U.S.C. § 3604) and HUD regulations (24 C.F.R. Part 100). I have a disability as defined under the Fair Housing Act. My emotional support animal, [PET NAME], a [SPECIES/BREED], provides assistance related to my disability. Under the Fair Housing Act and HUD guidelines, emotional support animals are not pets and are exempt from pet fees, pet deposits, and pet rent. On [DATE], you [DESCRIPTION OF VIOLATION — e.g., "charged me a $250 pet deposit for my ESA" / "required me to pay a PetScreening fee of $25 for my ESA" / "refused to waive pet rent for my documented ESA"]. This action constitutes a failure to provide a reasonable accommodation under 42 U.S.C. § 3604(f)(3)(B) and HUD guidance issued in 2020 (FHEO-2020-01). I request that you: 1. Immediately refund [AMOUNT] charged in violation of the Fair Housing Act 2. Confirm in writing that no pet fees will be applied to my ESA 3. Cease any further pet fee charges related to my ESA If I do not receive a response within 10 days, I will file a complaint with Massachusetts Commission Against Discrimination (MCAD) and/or HUD. Sincerely, [YOUR NAME] [YOUR CONTACT INFORMATION] [DATE]