Quick answer: Whoever hires the broker pays the broker. If a landlord hired an agent to list and lease the apartment, the landlord pays that fee, not you. A renter only owes a broker fee if the renter personally hired a broker to represent them and signed a written agreement to that effect. This has been the law since August 1, 2025, and it is the rule Boston renters are living under right now.

That single change ended a practice Boston was famous for: charging tenants a full month's rent for an agent the landlord hired. If you rented in this city before, you remember paying first month, last month, a security deposit, and a broker fee just to get keys, often four to five months of rent up front. That default is gone.

Here's what actually changed, who pays now, and what to do if a listing tries to charge you anyway.

What changed on August 1, 2025?

Governor Healey signed the change as part of the Fiscal Year 2026 state budget, and it took effect August 1, 2025. The core rule is one sentence: the fee must be paid by the person who hired the broker.

Before the change, Massachusetts was one of the last major markets in the country that let landlords pass their own agent's fee onto tenants. A landlord would hire a listing agent, and the tenant who answered the ad got handed a bill equal to one month's rent. The 2026 rules tie the fee to the party who signed the contract for the service. If the landlord signed it, the landlord owes it.

Who pays the broker fee now in Boston?

Ask one question: who hired this broker?

If a landlord or property manager hired an agent to market, show, and lease the unit, that agent works for the landlord, and the landlord pays. You cannot be charged that fee just because you found the listing on Zillow and inquired about it.

If you hired a broker to represent you, run your search, book tours, or negotiate on your behalf, you hired the service and you pay for it. That relationship has to be set up correctly, in writing, before any fee applies.

The state's guidance is blunt on this: the fact that no formal contract exists with a landlord is not enough for a broker to charge a fee to a tenant. Answering an ad is not hiring an agent.

Can a renter still be charged a broker fee in 2026?

Yes, in one situation: you personally hire a broker to work for you.

Relocating from out of state and want someone doing video tours and negotiating before you arrive? Hire a tenant's agent. Want a professional running your whole search? Same thing. In those cases you engaged the service, so you pay for it. The law does not ban renters from hiring representation. It just stops the old bait-and-switch where a landlord's agent billed the tenant.

One more consequence worth knowing: the law prohibits an agent from collecting on both sides of the same deal. A broker cannot be paid by the landlord and the tenant in one transaction. That effectively ended rental co-broking as it used to work, where a listing agent split a tenant-paid fee with an agent who brought the renter.

What if a listing still says "tenant pays fee"?

Treat it with suspicion. The phrase on an ad does not override the law.

If a landlord's listing agent posted it, that language alone should not make you responsible. Regulators have taken the position that any online listing posted by a broker that requires the tenant to pay a broker fee is very likely illegal. As of spring 2026, the Massachusetts Attorney General's office had already fielded more than a dozen complaints from renters told they had to pay a fee simply for inquiring about a listing.

Also watch for the fee wearing a costume. If a charge shows up as an "administrative fee," a "leasing commission," or a "move-in fee" and it functions like a traditional broker fee, it deserves the same scrutiny.

Are Boston landlords raising rent to cover the fee?

Some are trying. Industry watchers expected exactly this, and complaints back it up. In one reported case, a renter was told they could pay half the broker fee or watch the rent go up one hundred dollars a month to cover it.

Raising rent is legal. Shifting a landlord-hired broker's fee onto a tenant through a side deal is not. The distinction matters, and enforcement is active.

What happens if you're charged illegally?

You have real leverage. A violation can be treated as an unfair and deceptive practice under the Massachusetts Consumer Protection Act, Chapter 93A. Renters may be entitled to triple the amount of any illegal fee paid, plus attorney's fees and costs. Brokers who break the rule can face fines and risk their license.

If you think you were charged improperly, you can file a complaint with the Attorney General's Consumer Advocacy and Response Division or call 617-727-8400. Before you engage any agent, ask for the fee disclosure form. If an agent wants a fee from you, make sure you have a signed agreement naming them as your agent, not the landlord's.

What this means for landlords

If you hire an agent to lease your unit, budget for that commission yourself and price accordingly. Three practical moves:

Remove any "tenant pays fee" language from your listings and templates. Keep clear records of who hired the broker on every unit. And if you want your property marketed professionally to the widest audience, the clean path is an exclusive right-to-lease with one agent or brokerage, with you paying the commission. That is now the predictable, compliant way to run a listing.

What this means for renters

Your up-front cost to move dropped. Start every apartment conversation with the same question: who hired this broker? If the answer is the landlord, you should not be paying a fee for that agent. If you want your own representation, you can hire it, and then the fee is yours by choice, in writing, and disclosed before you owe anything.

Frequently asked questions

Who pays the broker fee in Boston now? The party who hired the broker. In most rentals that is the landlord, because the landlord hired the listing agent. A renter pays only when the renter personally hired a broker to represent them.

When did the Massachusetts broker fee law take effect? August 1, 2025. It applies to residential rentals statewide and is fully in force in 2026.

Can a landlord's agent charge me a fee if I found the apartment myself on Zillow? No. Inquiring about a listing does not make you the person who hired the broker. If the landlord hired that agent, the landlord owes the fee.

Can I still be charged a broker fee as a renter? Yes, if you hire a broker to work for you and sign a written agreement. You are paying for a service you requested.

What can I do if I'm charged a broker fee I don't owe? File a complaint with the Massachusetts Attorney General's office or call 617-727-8400. Illegal fees can trigger triple damages plus attorney's fees under Chapter 93A, and brokers risk their license.

Does the law ban broker fees entirely? No. It reassigns responsibility. Whoever hires the broker pays. It does not eliminate the fee, and it does not stop renters from hiring their own representation.

Thinking about listing a rental unit or buying an investment property in Boston or MetroWest, and want the pricing and compliance handled right? Reach Chris Remmes at Remmes & Co. — [email protected] or 617-398-0015. List with confidence and intention.