Can Landlords Ban Pets in Massachusetts? What Renters Need to Know
September 6, 2026
If you’re apartment hunting in Massachusetts with a dog, cat, or other animal in tow, you might assume state law guarantees your right to keep a pet. It doesn’t. Massachusetts law actually gives landlords broad authority to refuse pets altogether, and the exceptions are narrower than many renters expect.
Whether you’re negotiating a new lease or already living under a shaky pet policy, knowing exactly where the law draws the line can protect you from an unexpected eviction notice or an illegal fee tacked onto your deposit. This breakdown walks through what a Massachusetts landlord can and cannot do about pets, from blanket no-pet clauses to service animal protections, breed restrictions, deposit limits, and your options if a building says no.
Can a Landlord Legally Ban Pets in Massachusetts
In most cases, yes. Massachusetts landlord-tenant law gives property owners wide discretion here: landlords may prohibit pets altogether or use reasonable rules to control them on rental property. There is no statewide statute forcing a landlord to accept animals, and no Massachusetts or federal law requires landlords to rent to pet owners.
A written “no pets” clause in your lease is generally enforceable. As the landlord advocacy group MassLandlords puts it, property owners can stipulate “no pets” in a lease agreement and ban any species of animal they want. That means a landlord can turn down a cat, a dog, a bird, or a tank of fish just as easily as they can decline an applicant for any other lawful reason.
Important Note: You may come across claims online that Massachusetts requires landlords to permit at least one cat or dog. Housing attorneys and landlord associations agree that no such statewide mandate exists. Outside of disability-related accommodations, a Massachusetts landlord can adopt a blanket no-pet policy for a rental unit.
The one major carve-out to this rule involves disability-related assistance animals, which the next section covers in detail. Everything else, including which species, breeds, and sizes are allowed, is largely left to the landlord’s discretion and whatever the lease spells out.
Exceptions: Service Animals and Emotional Support Animals in Massachusetts
The area where a Massachusetts landlord loses the ability to say no is disability-related assistance animals. Under federal and state fair housing rules, landlords and other housing entities must make reasonable accommodations that allow people with disabilities an equal opportunity to use and enjoy a dwelling. The Massachusetts government’s guidance on service animals gives a direct example: if a landlord has a rule that tenants cannot have dogs and you need an assistance animal or a service animal, the landlord should waive the “no pet” rule for you.
Massachusetts state law itself is narrower than the federal Fair Housing Act on this point. The state’s housing discrimination law specifically references only dog guides used by people who are blind or deaf. It’s the broader federal Fair Housing Act that extends protection further, since under the FHA, housing facilities must allow “assistance animals,” which includes both service dogs and ESAs, if having the animal is necessary for a person with a disability to have an equal opportunity to use and enjoy the home.
Massachusetts defines a service animal under Mass. Gen. Laws c. 272 § 98A, which aligns with federal ADA definitions. Emotional support animals work differently: they don’t get public-access rights the way service dogs do, but Massachusetts law on emotional support animals aligns with federal guidelines, safeguarding rental housing rights while distinguishing ESAs from service animals, which have broader public access rights under the ADA. To request one, you generally need a letter, since an ESA letter must be prescribed by a licensed mental health professional.
| Feature | Service Animal | Emotional Support Animal |
|---|---|---|
| Legal basis | ADA and M.G.L. c. 272 §98A | Federal Fair Housing Act only |
| Public access (stores, restaurants) | Yes | No |
| Housing protection from no-pet clauses | Yes | Yes |
| Documentation typically required | None required by law | Letter from a licensed mental health professional |
| Landlord can charge a pet fee or deposit | No | No |
Neither animal can be charged a pet fee. As one Massachusetts landlord-tenant firm explains, landlords are unable to charge additional “pet rent” for a verified ESA or service animal. But the accommodation duty isn’t absolute. A landlord can still deny the request if the animal would cause undue financial hardship, alters the housing provider’s service, threatens the safety of other residents or the landlord, or the landlord owns four or fewer units. You could also still be on the hook for damage, since you could be required to pay for any damage your animal causes, even when the animal itself is protected.
Pro Tip: If you rely on an assistance animal, request the accommodation in writing before you sign a lease or move in. A documented request gives you a paper trail if a landlord later claims they were never told about the animal.
Breed and Size Restrictions in Massachusetts
Massachusetts took breed-specific rulemaking away from cities and towns back in 2012. Governor Deval Patrick signed a law stating “No city or town shall regulate dogs in a manner that is specific to breed”, and the 2012 law set forth a statewide dangerous dog framework that specifically prohibited regulation based on breed. That protection, however, only applies to municipal governments.
Private entities, including landlords and insurance companies, may still continue to discriminate based on breed, and in practice, private landlords in Massachusetts can impose their own breed restrictions on rental properties. Our detailed guide to dog breed restrictions in Massachusetts breaks down exactly which breeds tend to show up on landlord and insurer blacklists.
Insurance is usually the driving factor. Insurance companies often drive these restrictions, since many property insurance policies exclude certain breeds or charge higher premiums, and landlords pass these limitations to tenants to protect their coverage. Combined with general pet restrictions, the pool of available housing shrinks fast: only about 39% of rental units in Massachusetts accept dogs at all.
Landlords aren’t limited to breed and species bans, either. Many limit tenants to small animals kept in cages or tanks, or restrict pet ownership to animals under a certain size. If your building only permits caged or tank pets, options like pet chameleons or pet crabs may pass where a dog or cat won’t. Landlords can also flatly exclude certain species they consider too risky or destructive; our rundown of the worst animals to keep as pets covers several of the usual candidates. If you’re set on an exotic species, check our guide on which exotic pets are legal in Massachusetts before you assume your lease will allow it.
Change may be coming, at least at the legislative level. Several proposals, including H.1037, H.1038, and S.595, focus on improving fairness for pet owners and removing breed-based restrictions, though as of late 2025 none had been enacted into law.
Pet Deposits, Pet Rent, and Fee Limits in Massachusetts
Massachusetts regulates security deposits far more tightly than most states, and that cap applies whether or not a pet is involved. Under Massachusetts General Laws Chapter 186, Section 15B, any deposit called a “pet deposit” above the standard security deposit amount is not legal in Massachusetts. In practical terms, landlords can charge security deposits equal to one month’s rent, but they cannot charge pet deposits that increase the full deposit amount beyond that limit.
The full list of allowed upfront charges is short. A Massachusetts landlord may only collect first month’s rent, last month’s rent, a security deposit up to one month’s rent, and the cost of a new lock and key change at move-in. Anything billed as an extra “pet deposit” on top of that falls outside the law.
Monthly “pet rent,” on the other hand, occupies different legal territory. Following the Massachusetts Appeals Court’s decision in Flemming v. Greystar Management, a case the Sherwin Law Firm covered in detail, “pet rent” refers to additional rent a landlord charges a tenant for allowing a pet in a rental apartment. That charge is generally allowed as long as it functions as rent rather than a disguised deposit: pet rent must be part of the monthly rent, not a separate fee.
| Charge | Legal in Massachusetts? |
|---|---|
| Security deposit (including any pet-related portion), up to one month’s rent | Yes |
| Separate “pet deposit” on top of the one-month cap | No |
| Monthly pet rent built into the lease | Yes, if disclosed as rent |
| Pet fee or pet rent charged for a service animal or ESA | No |
| First month, last month, security deposit, and lock-change fee | Yes (the standard allowed upfront charges) |
Common Mistake: Signing a lease that lists a “pet deposit” as a separate line item from the security deposit. If that additional charge pushes your total deposit above one month’s rent, it likely violates state law regardless of what the lease calls it.
Landlords also need to tread carefully around assistance animals here. Because housing discrimination laws cover emotional support animals, a landlord should proceed with extreme caution before accepting pet rent from a tenant with an ESA, and should strongly consider not requiring it at all. If you believe you were charged an illegal pet deposit, you have recourse: illegal deposits can be challenged in Housing Court.
What Happens If You Keep a Pet Without Permission in Massachusetts
Keeping a pet in violation of a signed no-pets clause is treated like any other lease violation in Massachusetts. Once a landlord discovers the animal, whether through an inspection, a complaint from a neighbor, or a maintenance visit, they can issue a notice requiring you to cure the violation or vacate. If the pet stays and the issue isn’t resolved, that notice can eventually lead to a formal eviction filing in Housing Court.
Interestingly, the liability landlords worry about doesn’t always fall on them the way tenants assume. Massachusetts courts have generally held that landlords don’t have a legal duty to protect the public from a tenant’s dog unless the landlord actually owns or keeps the dog, or exercises direct control over it. That doesn’t stop most landlords from restricting unauthorized pets anyway, largely to avoid property damage and insurance complications rather than direct legal liability.
Can a Landlord Evict You Over an Undisclosed Pet?
Yes, an undisclosed pet can be grounds for eviction if your lease contains an enforceable no-pets clause, since it constitutes a lease violation rather than a separate category of offense. Before it reaches that point, most landlords will document the violation and give you a chance to remove the animal, pay a fee, or sign a pet addendum. A written pet addendum, when offered, typically specifies the pet fee amount, rules for pet behavior, and the tenant’s responsibilities, so reviewing and negotiating that document early is almost always better than waiting for a violation notice.
Local City and County Pet Ordinances in Massachusetts
The 2012 state law that stripped breed-specific power from municipalities didn’t eliminate local dog regulation altogether. Cities and towns can still license dogs, enforce leash laws, and hold hearings on individual animals accused of dangerous behavior. As one Massachusetts law firm summarizes, Massachusetts law specifically prohibits orders that require a dangerous dog to be removed from the town and forbids breed-specific regulation; cities and towns cannot legally ban or target particular breeds and must instead regulate based on behavior.
That behavior-based approach plays out in real cases. In Viner v. Town of Northborough, the town’s Board of Selectmen held a hearing under Section 157 after years of complaints about three Airedale terriers that had repeatedly attacked neighbors and their dogs. The complaint targeted the specific dogs’ conduct, not their breed, which is exactly how Massachusetts law requires municipalities to handle these disputes.
For renters, this means two separate layers of rules apply at once: your landlord’s private lease terms, and your city or town’s animal control ordinances covering licensing, leash requirements, and noise. Checking both before you sign a lease, or before you adopt a pet mid-tenancy, saves you from running afoul of a rule you didn’t know existed. The municipal regulations that Massachusetts cities and towns can and can’t enforce are worth a quick check with your local animal control office.
Your Options If a Landlord Won’t Allow Pets in Massachusetts
If a landlord’s no-pet policy stands in your way, you have more room to negotiate or work around it than you might think.
- Request a disability accommodation in writing. If you qualify for a service animal or ESA, submit a formal, written accommodation request rather than a verbal one, and keep a copy for your records.
- Offer to pay for the privilege. Landlords often price pet policies rather than ban them outright: many will allow all animals as part of the rent, or charge more for the privilege of having a pet. Proposing pet rent, renter’s insurance with pet liability coverage, or extra references can turn a “no” into a “yes.”
- Build a pet resume. Vet records, proof of training, and a letter from a previous landlord can ease a property owner’s concerns about damage or noise complaints.
- Consider a different type of pet. If the building restricts dogs and cats but allows small caged animals, species covered in our guides to low-maintenance pets and rabbit breeds worth keeping as pets may fit within the policy. Families with kids might also look at our list of low-maintenance pets for kids for options that satisfy both a landlord’s rules and a child’s request for a pet.
- Search specifically for pet-friendly listings. Given how few units in the state accept dogs, widening your search radius or working with a rental agent who filters for pet-friendly buildings can save time.
- Escalate illegal charges. If a landlord tries to collect a separate “pet deposit” beyond the legal cap, or charges pet rent for a documented ESA, you can challenge it through Housing Court or your local consumer protection resources.
If you do land in pet-friendly housing after a search, moving day brings its own challenges. Our guide to keeping pets safe when relocating to a new home covers what to plan for once you’ve finally found a lease that says yes.
Pro Tip: Before you walk away from a “no pets” listing, ask the landlord directly whether the policy is negotiable. Many blanket bans exist because a landlord hasn’t thought through pet rent or a addendum, not because they’re firmly opposed to animals.
Key Takeaways
Massachusetts gives landlords wide latitude to say no to pets, and that authority holds up in court outside of disability-related exceptions. Service animals and emotional support animals get real protection under state and federal fair housing law, breed bans only apply to municipalities and not private landlords, and security deposits are capped at one month’s rent no matter how a landlord labels the charge. Unauthorized pets can still lead to eviction, and local ordinances add another layer of rules beyond whatever your lease says.
Before you sign anything or bring a new pet home, read your lease’s pet clause closely, ask questions about fees in writing, and know which protections actually apply to your situation.
Legal Disclaimer: This article provides general information about Massachusetts landlord-tenant law and is not a substitute for individualized legal advice. If you’re facing a dispute over pet policies, fees, or an eviction, consult a licensed Massachusetts attorney or contact the Massachusetts Attorney General’s Consumer Protection Division.