Massachusetts' fee transparency rule, formally the Unfair and Deceptive Fees Rule (940 CMR 38.00), took effect September 2, 2025, and it is broader in scope than most of the fee-transparency laws other states have passed — it explicitly reaches optional and waivable fees, and vendor agreements, in addition to the mandatory charges most similar laws focus on.
What must be disclosed
Before collecting personal or billing information, landlords must disclose the total of rent and fees, the purpose and amount of each individual fee — both mandatory and optional — and clear instructions for how a renter can opt out of any fee that is actually waivable. Auto-renewal terms need their own clear disclosure as well.
Why the optional-fee detail matters
A fee that is technically optional but presented in a way that makes opting out unclear or effectively impossible is the exact pattern this rule targets — disclosing that a fee exists is not the same as disclosing that it can be declined, and Massachusetts' rule treats the second part as a separate requirement.
Scope: listings, leasing, and vendor agreements
The rule applies across rental marketing materials, the leasing process itself, and vendor agreements tied to the rental — a broader net than fee-transparency laws that only touch the advertised listing price.
What to check
Review every fee currently charged and classify it explicitly as mandatory or optional, add plain opt-out instructions anywhere an optional fee appears, and check vendor agreements referenced in the leasing process for the same disclosure standard. Specific penalty amounts are not detailed in most public summaries, so confirm current enforcement specifics with counsel rather than assuming this mirrors a narrower state law.
Distinguishing mandatory from optional fees at the lease level, rather than reconstructing that distinction from a spreadsheet at audit time, is what keeps this manageable ongoing. Owner statements and lease records that already separate rent from itemized fees make that classification a byproduct of normal record-keeping rather than a special project.
For how this compares with other states and the federal rules on short-stay pricing, see fee transparency laws by state.
This article is general information, not legal advice. Landlord-tenant rules change and vary by jurisdiction; check the current statute or consult a local attorney before acting on it.
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