Can a Landlord Charge a Tenant a Monthly Pet Rent in Massachusetts?

Can a Landlord Charge a Tenant a Monthly Pet Rent in Massachusetts?

Yes, according to a recent Massachusetts Appeals Court ruling in Phoebe Flemming vs. Greystar Management Services, L.P., charging a tenant a recurring, monthly rent for the ability to keep a pet in a rental property is not a violation of the security deposit statute (Massachusetts General Laws Chapter 18, Section 15B). Under the law, landlords are prohibited from collecting monies in excess of first month’s rent, last month’s rent, a security deposit not to exceed the first’s month’s rent, and a fee to change the lock and key at or prior to the commencement of a tenancy. In this case the “pet rent” was collected on a recurring, monthly basis, and therefore not a violation of section 15B(1)(b).

The court additionally analyzed the applicability of section (1)(d), which prohibits a landlord from collecting rent in advance or a security deposit in excess of one month’s rent. The court opined that Section 15B)1)(b) and (d) must be applied individually and, as such, “pet rent” is not considered rent paid in advance or an additional security deposit, and therefore is not a violation of the security deposit statute.


This is a ruling of the Appeals Court and therefore the Massachusetts Supreme Judicial Court may weigh in on the case if it so chooses.