One year after Massachusetts was supposed to clear tenants of broker fees, Boston-area renters are still getting hit with big bills when they sign a lease. Listings on Craigslist, Zillow and other platforms routinely flag a broker's fee, and many renters say they only learn about the charge after they have already toured a unit. For a lot of people in a tight market, the choice still feels brutally simple: pay up or lose the apartment.
Gov. Maura Healey signed a change to the state budget in July 2025 that shifted responsibility for a broker’s fee to whoever first works with the broker, typically the landlord, and the rule took effect Aug. 1, 2025. As reported by The Boston Globe, lawmakers pitched the move as the end of mandatory renter-paid fees that routinely tacked thousands of dollars onto move-in costs. Supporters said they wanted to stop landlords from passing along their broker expenses to tenants who never actually hired an agent.
In practice, enforcement has been clunky. The attorney general’s office has received more than a dozen consumer complaints accusing landlords and listing agents of ignoring the new rule, and the office has made it clear that "the fact that no formal contract exists with a landlord is not enough for a broker to charge a fee to a tenant." According to WBUR, listing platforms are urging renters to flag illegal-fee listings and to contact the Attorney General’s consumer unit. The AG’s office says it often tries to resolve complaints with informal assistance rather than jumping straight to formal enforcement.
The Boston Globe found dozens of apartment listings that still included tenant-paid broker fees. One Wendell Street unit near Harvard Square advertised a $1,600 "half fee," and a Warren Ave. Somerville listing carried a $2,500 charge. The paper also interviewed renters who said they still paid thousands despite the rule change. One Kendall Square renter reported paying more than $4,000 and planned to file a complaint with the Attorney General’s office. Housing advocates told the paper that the power imbalance in a hot rental market makes it hard for many tenants to refuse an illegal fee, even when they know the law is technically on their side.
How Brokers Are Skirting The Ban
Some brokers lean on the concept of "open listings," where landlords circulate available units to multiple agents without signing an exclusive contract. In those cases, they argue that a tenant who communicates with an agent has effectively hired that broker and can be charged a fee. The Massachusetts Association of Realtors has advised its members that landlord-paid arrangements should be the new standard, but many brokers and small landlords say the transition has been messy and confusing.
As reported by GBH News, some owners have responded by quietly raising rents or marketing their units themselves so they do not have to pay broker fees out of pocket.
What Renters Can Do
If you are asked to pay a broker fee for someone you did not actively hire, consumer advocates say step one is documentation. Save screenshots of the listing, plus any texts, emails and receipts, then file a consumer complaint with the Attorney General’s office. According to WBUR, the AG’s consumer unit will often reach out to the parties involved and try to secure refunds or fee waivers, and platforms such as Zillow encourage users to flag suspicious listings. Legal-aid groups recommend getting free advice from organizations like Greater Boston Legal Services before you hand over money for a disputed charge.
The law does have teeth on paper. The AG’s advisory notes that landlords who require tenants to pay a broker’s fee when the landlord is the one who hired the broker could face penalties, and brokers themselves risk professional discipline if they collect improper charges. Advocates warn, however, that enforcement capacity will ultimately determine how much behavior actually changes. Without sustained, visible penalties, the financial incentive to push these costs back onto renters is still strong.
As outlined by GBH News, some landlords appear to be absorbing broker costs by nudging rents higher or by listing properties themselves instead of using agents.
The bottom line is that the law narrowed who is supposed to pay a broker’s fee, but until complaints lead to clear deterrence and consistent industry practices, many Boston-area renters will keep facing the same painful upfront bill. For now, tenants are being urged to document every step of the rental process, ask landlords in writing who hired any broker involved, and contact the Attorney General if they are told to pay a fee for a broker they never agreed to hire.
