Renting With Pets in Massachusetts
A practical guide to pet deposits, fees and pet rent, what belongs in a pet policy, and how to record an animal properly in a Massachusetts lease.
The short version
- Put the animal in writing. An approved pet recorded in a signed addendum is the difference between a permitted animal and an unauthorised one.
- Deposit, fee and pet rent are three different things. They are refunded differently and should be named separately in the lease.
- Record condition at move-in. Most pet-damage disputes are really disputes about what the property looked like beforehand.
- Assistance animals are handled separately from ordinary pets under federal housing law.
Pet deposits, pet fees and pet rent
These three are used interchangeably in conversation and mean quite different things in a lease. Naming them precisely is what decides whether money comes back at the end of the tenancy.
| Charge | Paid | Refundable | Typically covers |
|---|---|---|---|
| Pet deposit | Once, before move-in | Yes, less deductions | Damage caused by the animal |
| Pet fee | Once, before move-in | No | The landlord's decision to accept an animal |
| Pet rent | Monthly, with rent | No | Ongoing wear associated with an animal |
| Security deposit | Once, before move-in | Yes, less deductions | The tenancy generally, animal or not |
Massachusetts security deposit rules
These are Massachusetts's rules for the general security deposit. Whether a pet deposit counts toward them is a separate question of Massachusetts law, and one this guide does not answer.
| Maximum deposit | 1 month rent |
|---|---|
| Return deadline | 30 days |
| Penalty for wrongful withholding | 3x deposit + attorney fees |
Full detail, including sources, is in the Massachusetts security deposit guide.
What belongs in a pet policy
These are terms the parties agree, not requirements imposed by law. A landlord chooses them; a tenant should read them before signing.
The animal itself
- Which animals are approved, by name and description
- How many animals are permitted
- Species, and any size or weight limits
- Licensing or vaccination the parties agree to require
Living with it
- Waste removal, indoors and out
- Noise and disturbance of neighbours
- Whether the animal may be left unattended
- Rules for visiting or temporarily kept animals
Damage and liability
- Who is responsible for damage the animal causes
- Whether renter's insurance is required
- How damage is assessed at move-out
If things change
- What happens if an unapproved animal is kept
- How a new animal gets approved mid-tenancy
- What ends the pet permission, and on what notice
Assistance animals are not pets
Under the federal Fair Housing Act, an assistance animal — a service animal or a support animal needed because of a disability — is treated as a reasonable accommodation rather than as a pet. A pet policy, a pet fee and a pet addendum are generally the wrong instruments for one.
Because the position turns on the individual request and the housing involved, a landlord receiving such a request in Massachusetts should read the federal guidance directly and take advice where it is unclear: HUD Office of Fair Housing and Equal Opportunity.
Before move-in
- Record the animal — name, breed, weight, age, licence number if it has one.
- Agree the deposit, fee or pet rent in writing, each named separately.
- Photograph carpets, flooring, doors, trim and any yard or garden.
- Complete a move-in checklist and have both parties sign it.
- Attach the pet addendum to the lease so it forms part of the agreement.
For landlords
Decide the policy before advertising, so every applicant is answered the same way. Write down which animal was approved rather than that pets are allowed in general — that is what you rely on if an unapproved animal appears later. Keep the move-in photographs; at move-out they are the difference between a deduction you can support and one you cannot.
For tenants
Check whether the money you are asked for is a deposit, a fee or pet rent, because normally only the first comes back. Get approval for your animal in writing before you move it in. Take your own move-in photographs and keep them — if there is a dispute about damage a year later, they may be the only account of what the property looked like.
Create a Massachusetts pet addendum
Records the approved animal, the agreed charges and the rules, and attaches to your lease. Built from your answers for Massachusetts.
Create Massachusetts Pet AddendumRelated documents
Common questions
Is a pet deposit refundable?
A deposit is normally refundable less deductions for damage the animal caused; a fee is not. If the lease calls the charge a fee, expect not to see it again, whatever the animal does or does not do.
Can a landlord charge a deposit and pet rent?
Charging both is a contractual arrangement rather than an unusual one. What matters is that the lease names each charge separately, so it is clear at move-out which money was refundable.
What if a tenant gets a pet mid-tenancy?
The lease usually decides this. A pet addendum can be added during a tenancy by agreement, which is cleaner than an animal arriving under a lease that does not mention it.
Does a pet addendum cover an assistance animal?
Generally no. An assistance animal is a reasonable accommodation rather than a pet, so the pet policy, the pet fee and the addendum are usually the wrong instruments. See the section above.
LeaseCraft provides document templates and general information. It is not a law firm and does not provide legal advice.