Are You Being Overcharged? The Truth About Hanson Rental Fees
A deep dive into M.G.L. Chapter 186, Section 15B and how it protects Hanson renters
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In the town of Hanson, Massachusetts, as in the rest of the Commonwealth, the question of whether rental application fees are "capped" is actually secondary to a more fundamental legal reality: for the vast majority of landlords, charging such a fee is not just limited—it is illegal.
The General Prohibition on Landlord Fees
Massachusetts has some of the most stringent tenant protection laws in the United States, primarily governed by Massachusetts General Laws Chapter 186, Section 15B. Under this statute, a landlord or their direct agent is strictly prohibited from requiring a prospective tenant to pay any amount at or before the start of a tenancy other than the following four specific items:
The first month’s rent.
The last month’s rent.
A security deposit (not to exceed one month’s rent).
The purchase and installation cost for a key and lock.
Because application fees, background check fees, and credit check fees are not on this "allowable" list, a landlord in Hanson cannot legally charge you for the cost of processing your application. This remains true even if the landlord incurs a cost to run your credit report; the law expects the landlord to absorb that as a cost of doing business.
The Exception: Licensed Brokers
The confusion regarding "caps" often stems from the one legal loophole: licensed real estate brokers. Under Massachusetts regulation (254 CMR 7.00), a licensed broker or salesperson—someone who is not the landlord or an employee of the landlord—is permitted to charge a fee for their services in finding an apartment.
However, even this exception has significant guardrails:
No Fixed Cap: There is no statutory dollar-amount cap on what a broker can charge, but the fee must be "reasonable" and disclosed in a written notice before the tenant agrees to use their services.
New 2025/2026 Shift: Recent legislative changes (effective August 1, 2025) have further tightened these rules. Landlords can no longer force a tenant to pay the broker's fee if the landlord was the one who hired the broker. Essentially, the person who "contracted" the broker's services is now responsible for the bill.
Municipal Context in Hanson
While some towns in Massachusetts have additional local bylaws, Hanson follows the state-wide standard. There are no specific municipal ordinances in Hanson that override or "cap" application fees because the state law already effectively zeros them out for landlords.
If a landlord in Hanson asks you for an "application fee" or a "processing fee" to run your background check, they are likely in violation of state law. Tenants who have paid such fees may be entitled to a refund or, in some cases, can sue for triple damages and attorney fees under the Massachusetts Consumer Protection Act (Chapter 93A).
Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.
