Until now, regulations governing apartment rentals were ambiguous as to whether a tenant fee disclosure form was required for all rentals, or only those where a tenant would be required to pay a fee. Due to MAR’s efforts, the regulations were updated to clarify that the disclosure form is only required in instances where a tenant is required to pay a fee.
As a reminder, the disclosure must include: 1) whether the prospective tenant will pay a fee for rental services; 2) the amount of the fee; 3) the manner and time when the fee is due to be paid; 4) whether or not the fee will be payable regardless if a tenancy is not created; 5) the signature of the broker or salesperson, including license number and date of notice; and 6) the signature of the prospective tenant, or notation of refusal to sign. The fee disclosure must be kept on file by the broker for three years and is subject to audit by the Board. For more information, please visit: http://www.mass.gov/ocabr/licensee/dpl-boards/re/regulations/faq-regs.html