Finally there is some much needed regulation going in to effect for the rental industry in our complicated state of Massachusetts. Of course the headlines are getting it wrong but it's a great step forward towards protecting tenants and making sure they are not paying a fee to someone that doesn't have their best interests in mind.
Instead, they are being mandated to pay for an actual licensed service. Previously any agent could charge any tenant a broker fee (often one-month's rent) regardless of if they represented the tenant or the landlord. In most situations, tenants would work directly with the landlord's agent (who represents the landlord as a client and the tenant as a customer) and pay that agent a broker fee. Effectively, the tenant was paying a fee to a third party that legally represented the best interest of the landlord, not the tenant. Truly absurd, if you ask me!
The change has come quickly on the heals of the new requirement that buyer's agents must have a contract with their clients - something I've been doing since my first day as agent, but was definitely not the norm back then. Now that the public is waking up to the value of having their own representation (or the option to skip it altogether), it's no wonder they are demanding it. All the political talking points were to ban fees entirely but that's not going to happen, and is frankly ridiculous anyway. Instead the administration made it so agents cannot charge a fee to a party they do not represent! Common sense in my mind but you know... progress takes time.
Now you may ask yourself, why would a tenant want to pay for this when they can do it themselves? Well, not everyone has the time or skills to do that! Much like cutting your own hair isn't an option for everyone, some people want to pay for that service - other's do not. Finding an apartment can be a painstaking and lengthy process for some, especially for people out of state, with unique needs or with limited time/resources/knowledge of an area. For others, it can be a cinch and totally worth saving the fee - that's the advice I give to most people when they ask me for help with rentals. I am always happy to answer questions, give advice or even make a call to help a friend, acquaintance or future client get a place they really want - no charge. You need serious help, no problem, I'm here for you too but my time is valuable, just like yours.
Here's to hoping for more reform and accountability in the industry - I'm proud of the education, services and help I provide to my lifelong clients.
- Alex
A licensed broker or salesperson may solely contract with a prospective tenant to find rental residential real property for a tenant and present an offer to lease to the landlord or landlord’s agent and negotiate on behalf of the tenant or may solely contract with a landlord or landlord’s agent to find a tenant for a property. Any fee shall only be paid by the party, lessor or tenant who originally engaged and entered into a contract with the licensed broker or salesperson.
(MA FY2026 Budget Conference Committee Report, H.4240 § 43)