Notes From the MAR Legal Hotline: July 2026

By: The Massachusetts Association of REALTORS® Legal Team
 

Q: Can a landlord require in-state cosigners or guarantors? 
A: Essentially, the role of a cosigner or guarantor is act as a safety net for the landlord, providing additional assurance that the rent will be paid and that other lease terms will be fulfilled, even if the tenant defaults. Landlords may prefer in-state cosigners because it can be easier to take legal action against someone who resides in Massachusetts. However, landlords should be cautious about implementing an "in-state only" requirement. This policy must be applied consistently to all applicants and should not have a discriminatory effect on any protected class under federal or Massachusetts fair housing laws. A lease agreement that includes consent to Massachusetts jurisdiction can achieve the landlord's objective without excluding out-of-state guarantors.


Q: Can an owner require a prospective tenant fill out an application prior to letting the prospective tenant view the property, and charge a holding fee?
A:  In Massachusetts, there is no law prohibiting a requirement for prospective tenants to complete an application prior to viewing a property. The policy must be enforced uniformly for all potential tenants and without discrimination based on protected characteristics, such as race, disability, familial status, national origin, or source of income. Regarding application or holding fees, these are not permitted. Massachusetts law clearly limits the fees landlords can charge to the first month’s rent, last month’s rent, a security deposit (not exceeding one month’s rent), and a lock and key fee. Holding fees are not authorized under Massachusetts General Laws Chapter 186, Section 15B, and case law has reinforced that this statute is strictly enforced and interpreted narrowly.

Q:   My client rents his Cape house out during the summer.  Is he required to accommodate service animals and emotional support animals?
A:  A vacation  rental under 30 days is considered “transient lodging” rather than residential housing. Accordingly, ADA service animal rules apply, while FHA emotional support animal accommodation requirements do not apply.  In short, the homeowner needs to provide accommodation for a service animal but is not required to accommodate an emotional support animal.  Also keep in mind that the homeowner cannot charge additional fees to accommodate a service animal. Additionally, homeowners listing through commercial platforms should review the platform's contractual obligations. Airbnb, VRBO and similar companies may require an accommodation that exceeds minimum legal requirements so the homeowner should consult with the platform before denying an emotional support animal.