The correct current answer is C, the party who hired the broker or salesperson. This is a major Massachusetts law change that makes older practice questions on rental broker fees obsolete.
Effective August 1, 2025, a landlord who hires a broker to market and lease an apartment is responsible for paying that broker. The landlord cannot require the tenant to pay the landlord ' s broker fee as a condition of obtaining the tenancy.
A tenant can still independently engage a broker or salesperson to represent the tenant in locating and negotiating for housing. In that case, the tenant who hired the broker can be responsible for the agreed fee.
Massachusetts guidance further explains that a broker cannot represent both landlord and tenant in a residential rental transaction under this newer framework.
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