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All Forum Posts by: Edward F. Mahoney III

Edward F. Mahoney III has started 1 posts and replied 4 times.

Post: MA Application Fee through sites like apartments.com

Edward F. Mahoney IIIPosted
  • New to Real Estate
  • Massachusetts, Northeast
  • Posts 4
  • Votes 2
Originally posted by @Steve Bracero:

I do not charge an application fee in MA. 

When screening tenants do you pay for a credit/background check yourself then? 

Post: MA Application Fee through sites like apartments.com

Edward F. Mahoney IIIPosted
  • New to Real Estate
  • Massachusetts, Northeast
  • Posts 4
  • Votes 2
Originally posted by @Scott M.:

It doesn't appear to be a gray area at all in MA, you can't charge an app fee.  What is a gray area is can apartments.com charge an app fee as long as you are not charging one?  That is a different question.  They are not the landlord and the law prohibits a landlord from charging it but may not prohibit a 3rd party.  

Very interesting, didn't know states didn't allow this.  

Yes you are correct. No gray area when it comes to landlords charging app fees in MA. Thats definitely not allowed. When a third part gets involved is where I found it to be a bit confusing!  

Post: MA Application Fee through sites like apartments.com

Edward F. Mahoney IIIPosted
  • New to Real Estate
  • Massachusetts, Northeast
  • Posts 4
  • Votes 2
Originally posted by @Mason Hickman:

@Edward F. Mahoney III

From conversations I have had with local attorneys, they said we are not allowed to charge application fees and doing so through those programs could put us at risk. It's definitely a gray area but might as well stay on the safe side. It's worthwhile to ask your own attorney for a definitive.

I have had similar conversations and seems that its best to stay on the safe side like you mentioned. Not worth the risk. Thank you for your response! 

Post: MA Application Fee through sites like apartments.com

Edward F. Mahoney IIIPosted
  • New to Real Estate
  • Massachusetts, Northeast
  • Posts 4
  • Votes 2

Hi everyone! I am a fairly new to real estate and currently in the process of finding a property to house hack in Massachusetts (North Shore Area). I have been studying up on tenant screening laws and cannot seem to find a solid answer on if it is legally allowed to have a third party site like apartments.com to charge an application fee. I know that since the ruling in 2014 that it is unlawful to charge any upfront fees except for those pertaining to the first and last month’s rent, along with security deposit and a lost key fee. Since a site like apartments.com makes a prospective tenant pay an application fee for the background and credit check would this be allowed or not? It seems to be a gray area and would like to use apartments.com when I do find a property for tenant screening without having to pay myself for these credit checks and background checks. The way I see it is that since I (The Landlord) would not actually receive the money and its the applicant who is paying for a credit report themselves and allowing me to see the results that this would be legal according to Massachusetts Law. Does anyone have a consensus on this? Thank you in advance!