Massachusetts Pet Deposits and Fees: Why an Extra Pet Payment Is Outside the Statute

By the FigureMyTax Editorial Team · How we calculate

Massachusetts’ deposit statute allows only the first month, the last month, a one-month deposit and a key and lock at the start, so a separate pet deposit is not one of them. Here is what a pet can still cost and what to ask for in writing.

Does Massachusetts allow a pet deposit?

Not as an additional payment at the start. At or before the start of a tenancy a landlord may not require more than the four payments the statute lists, and a separate pet deposit is not one of them (G.L. c.186, 15B(1)(b)). If the landlord wants to treat a pet as a reason for a larger deposit, the total still cannot exceed one month’s rent. The Massachusetts security deposit limit calculator treats any other charge as over the limit.

What about a pet fee or monthly pet rent?

The statute limits what a landlord can require to be paid at or before the start of the tenancy. A recurring pet charge that is part of the rent, or a charge agreed in the lease that is not due at the start, raises different questions that this page does not decide. Ask the landlord in writing what the charge is for, whether it is part of the rent and whether any part is refundable, and ask legal aid or a licensed Massachusetts attorney about it before you sign.

What about damage caused by a pet?

A landlord may deduct from the deposit a reasonable amount necessary to repair damage caused by the tenant or anyone under the tenant’s control, reasonable wear and tear excluded, with a sworn, itemized list and evidence of the cost in 30 days (15B(4)). See Massachusetts security deposit deductions.

Can a landlord refuse a pet or charge extra for an assistance animal?

Assistance animals raise federal and Massachusetts fair housing questions that this page does not analyze. If you rely on one, contact the Massachusetts Commission Against Discrimination, a fair housing organization or a licensed Massachusetts attorney before you pay any pet charge.

What if I already paid a separate pet payment?

Keep the receipt, ask the landlord in writing what the payment is for and whether it is held in the deposit account, and ask legal aid whether it is more than the statute allows. A lease clause that conflicts with the section is void (15B(8)).

A checklist before you sign

Ask for every pet charge in writing and what it is for; ask whether it is in addition to the deposit and the first and last month; keep the pet addendum and receipts; and photograph the unit and the areas the pet will use at move-in, then keep the statement of condition.

How the return rules apply to a pet payment

Whatever it is called, money paid to secure the lease follows the same rules: it counts toward the one-month limit, it is the tenant’s property held in the separate account, it earns interest after a year and it comes back within 30 days after the tenancy ends. Damage by a pet beyond reasonable wear and tear is a proper reason to keep part of it, with a sworn, itemized list and bills or estimates, or the landlord forfeits the right to keep anything.

Questions to ask before you sign

Is the pet payment a deposit, a fee or monthly rent? Is any part refundable? Is it in addition to the deposit and the first and last month? What can it be used for? Get the answers in writing.

Keep the proof

Photograph the unit, the areas the pet will use and any existing damage on move-in day, and keep the dated pictures with your lease and the statement of condition. If the landlord later claims part of a pet payment, those pictures and your written objection are your main evidence.

Where to get help

The Massachusetts Commission Against Discrimination, a fair housing organization, legal aid and the court clerk can explain how to raise a dispute. Bring the lease, every receipt and the landlord’s written request.

Frequently asked questions

Official sources

• G.L. c.186, 15B: security deposits and last month’s rent

This is general information, not legal advice. It is based on the cited Massachusetts statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Massachusetts attorney.