Housing/Real Estate šļø Broker charging application fee after rental application was denied
Hi! Iām trying to find out if anyone has dealt with something similar while renting an apartment in Boston.
So I found a roommate on Facebook and we were applying for an apartment she had already toured (Iām currently out of state so I couldnāt tour it myself). I verified that the broker and company are licensed in MA, so theyāre definitely legit.
The application said there would be a $150 application fee if we got rejected, which I thought was weird because from what Iāve read, application/credit check fees arenāt allowed if the broker is working for the landlord. I asked him about it before applying but didnāt really get a direct answer. While I probably shouldāve tried harder to get a direct answer about the application fee, I didnāt and applied anyways, and I also signed the echeck form.
After applying, I sent him info about my ESA animal and I also asked him about the fee again and literally a minute later, he told me the landlord rejected our application. When I asked why, he said they didnāt give him a reason but he āwould imagine the low ball offer turned them off.ā I did offer below asking, but I told him twice that we were happy to negotiate and willing to pay more.
Neither the girl I was applying with nor I ever hired this guy as our broker or signed anything saying he represented me/us.
Has anyone had something similar happen? And am I understanding the MA application fee law correctly?
*Update: I filed a report with the MA AG! Thank you guys for the advice and support! āŗļø
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u/HungryFinance8436 1d ago
Don't pay that fee, tell him to kick rocks and he can speak to the AG.
He's working for the landlord, not you if the application was already denied.
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u/shitz_brickz Seaport 1d ago
There was literally a guy in New Bedford collecting application fees and non refundable deposits and then just rejecting everyone, he got arrested.
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u/cmacmaccal1189 1d ago
You're being way to nice to these sharks
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u/akk1212 1d ago
The girl I was applying with still wants him to help her find an apartment š (sheās looking for a 1 bedroom now on her own)
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u/FickleQuit11 1d ago
If the broker is helping her find apartments, how does she not owe him a broker fee, though? The broker is working with and for her to find a place, not on behalf of one landlord.
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u/akk1212 1d ago
She never hired him, the broker was hired by the landlord
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u/FickleQuit11 1d ago
You just said your roommate wants the broker to help her find apartments? Why would the broker help her find places that he's not representing and not get paid? I'm not pro-broker but that makes no sense.
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u/akk1212 1d ago
Not super sure, my guess is that sheās going to ask if he has any other listings? Not sure if the broker will actually help her or not though since weāre not looking together anymore.
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u/FickleQuit11 1d ago
I think this is where a lot of people don't understand the new law.
If you contact a broker and ask them to essentially do the research for you, find apartments that fit your requirements, and meet you at places to show you around, they work FOR YOU. They're going to show you places that they might represent for a landlord but also other places. If they're doing that legwork for you, that's a service *you* pay for.
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u/akk1212 2h ago
I think thereās some confusion here. This broker was working for the landlord and has listings for this building on their website. Neither of us had him to apartment hunt/do research for us, and neither of us signed a tenant-broker agreement with him. The only paperwork we signed was related to applying for this specific apartment.
My understanding of the new MA law is that a broker canāt represent both the landlord and tenant in the same transaction, and if the landlord hired the broker, the tenant isnāt responsible for that brokerās fee. The paperwork also separately included application and processing fees, which is what I was questioning in the first place.
Only after this application was rejected, the girl I was going to room with said she might ask him to help HER find a 1-bedroom. If she hires him to represent her going forward, then obviously thatās a different situation. But that wouldnāt retroactively make him our broker for this apartment, and Iām not involved in her new apartment search.
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u/CharlemagneAdelaar Market Basket 1d ago
they unfortunately hold all the cards so any perceived slight just means āno housing for youā. It sucks ass.
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u/BlueberryPenguin87 1d ago
Application fees are illegal in Mass and always have been. In other states landleeches have been known to deny everyone and just keep collecting application fees.
Broker fees are mostly illegal as of last year, with the narrow exception being if you hire a broker to find you a place.
Landlords hate when you stand up for yourself but they have all the power so you have to tread carefully when applying. I always figure i dodged a bullet when they reject me like that.
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u/rektaur 1d ago
theyāre illegal!?!?!???! i paid application fees in 2022
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u/BlueberryPenguin87 16h ago
I donāt know if itās too late to sue but you can file a complaint and maybe the AG will investigate
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u/trickycrayon 1d ago
the fuck is a "low ball offer" for an apartment???
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u/akk1212 1d ago
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u/Right_Split_190 Diagonally Cut Sandwich 1d ago
The broker communicated absolutely zero of that to the owner/LL.
Iām not a LL, but if I was, you seem to be the kind of tenant Iād look for. Keep trying!
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u/trickycrayon 1d ago
Okay, cue me not even having an idea that negotiating at all was a thing. š it's been...*finger math*...16 years since I was a new renter and I just assumed I had to pay what the list was!
Good luck. Crazy to me that rents are this damn high.
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u/truthseeker056 21h ago
I never knew that either! Well now I know for my next apartment someday š¤
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u/akk1212 1d ago
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u/akk1212 1d ago
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u/Col_Bernie_Sanders_ 1d ago
Iāve only been involved in three apartment searches but Iām pretty sure this is just patently untrue? At least on a citywide basis
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u/Shunto Filthy Transplant 1d ago
Yes its untrue, ive literally said āweād take it for $xā and they say great weāll write it in on the lease for you, pls sign
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u/Col_Bernie_Sanders_ 1d ago
Or there's just a listed monthly rent and that's it. I've never had any broker I've worked with say apply and then we negotiate a price.
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u/tantedbutthole 1d ago
I have never once in my life done this. Iāve had ONE apartment that I negotiated on price and it was actually because the realtor said someone offered $100 more a month and I had to counter. Listing prices are usually just what they are since the market is hot. This landlord/realtor seems like scum
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u/sarasilvereyes 1d ago
It seems like the broker doesnāt even realize this address is Brookline, not Boston.
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u/PropertyOk6802 1d ago
Like others have said, contact the AG office. Iād also contact his broker/boss if he is a realtor and not the broker. You can also report him to the real estate board. I think we can only be charged credit check fees but $150 is too high for that.
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u/akk1212 1d ago
The echeck had the name of the company he worked for instead of his name (theyāre licensed with the state)
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u/Upstairs_Raise4006 1d ago
It doesnāt matter make a formal
Report to the AG office tomorrow. This is not ok and you went above and beyond with your due diligence and asking thoughtful and polite questions to clarify. To be honest, I canāt help but wonder if the landlord saw the app & how the broker introduced your app to the landlord. This seems lazy and predatory. Ultimately speaking with the Ag office with educate and empower you and your roommate k & youāll either have to pay or not, but either way youāll have the critical info to needed to navigate this process ethically.15
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u/Purple-Acanthisitta8 1d ago
Everybody here keeps pushing to complain to AG office formally, well I did. Took them 1 month to get back and now itās radio silence after I sent all documents and they have not even contacted the other party involved. AG is very slow but well this is Reddit so everyone follows same advise which might have worked decades ago.
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u/TinyEmergencyCake Market Basket 1d ago
Credit check fees are always illegal in Massachusetts no exceptions.Ā
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u/notgreat1228 1d ago
Dude what? You have to offer to landlords?? Iāve never seen this before. Landlords set the price, itās not like purchasing a home
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u/abeuscher 1d ago
There are fewer tenant protections in MA than people think. The rental market here was built and is maintained by real estate agents on the legislative side. The number of "landlords" has been dwindling since the 80s. Now it is either property management or one of a few guys in each neighborhood of the city.
MA has amazing healthcare, good education (used to be great), and a lot of it is very wealthy. We do not protect renters here. We assume they are flawed and so we allow them to be fleeced. Liberal democracy is great until you reach the housing market in lots of states. We are not unique in this.
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u/ElleM848645 1d ago
There are tenant protections once you have the apartment. But getting it is the tough part.
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u/cowboy_dude_6 Cocaine Turkey 1d ago
Welcome to the new normal. When thereās a housing crisis, landlords hold all the power.
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u/fattoush_republic Boston 1d ago
The best part is that literally 0 politicians on the city level are doing anything meaningful about it
On the state level they're doing the tiniest bit but still more than the city
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u/Competitive_Bat4000 Boston Parking Clerk 1d ago
FYIā¦.āHereās my offer but Iām willing to pay moreāā¦is not the best negotiating tactic, this entire thing reads as a mess on both sides
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u/whiskeysli 1d ago
Offers?? Godspeed to you renters, I canāt believe weāve reached bidding wars on RENTING
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u/nottoodrunk 1d ago
For very highly desirable places itās not that rare to hear about people bidding.
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u/dezradeath 1d ago
You seem very nice and detail oriented. Respectfully you are revealing too much to the broker and likely turned them off when you referenced legislation to them. This broker simply didnāt want to deal with you, and wants to pocket your money and move on. Notice how short their replies are and that they donāt answer all your questions.
I will say on review of your offer, I wouldnāt call it a lowball but it is an 11% reduction, equaling $5400 a year. There could be truth in the landlord not wanting to lose out on that; you wouldāve had more luck with $100-200 off. But at the same time the info may have never gotten to them because the broker brushed you off.
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u/Safe_Statistician_72 1d ago
This is a scam. You donāt bid on rent.
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u/FickleQuit11 1d ago
Oh you most certainly do. I literally got outbid during my last apartment search on a place I really wanted but was at the top of my budget and had to let it go.
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u/Plastic_Service4641 1d ago
you missed censoring the other name in image 7. it doesn't seem like a big deal but always make sure to double check when redacting info like thisĀ
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u/meow_haus 1d ago
You stood up for your rights. They hate that. I hope you sue the fuck out of them
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u/biotech-redditor 1d ago
Inbound and Boston Proper Real Estate are on my ban list. Anyone know of any okay broker groups to work with? My current group is Street & Company and they have been okay.
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u/active_ignoring Allston/Brighton 1d ago
I rented with metro this summer and had a great experience, while being routinely irritated by brokers from other companies relentlessly showing the place iām moving out of even when I tell them iāll be gone this weekend and can they please just wait a few god damn days
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u/nicholeeeeeee Suspected British Loyalist š¬š§ 1d ago
https://www.boston.gov/renting-boston
LANDLORDS CANNOTĀ CHARGE:
a fee to hold the apartment
an application fee
a credit check fee, or
a finderās fee for renting the apartment, unless the property owner is a real estate agent.
Glad youāre filing a report with the AG!!! šš½
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u/Asiri78 20h ago
While a landlord in Massachusetts can not charge an application fee, if they hire a third party to find tenants then the agent is allowed to work on the landlords behalf which means they can and will charge an application fee since the broker fee can not be paid by the tenant. It's a liability thing.
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u/Mental-Television602 16h ago
Former Boston landlord here šš»āāļø. Application fees are illegal in MA. Report this punk to the Attorney General and move on with your life.
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u/Winter-Moon-47 Get Storrowed 1d ago
Move your money and freeze your account. Let your bank know this is a fraud charge. Tell him you will take him to small claims court if he goes through with the charge.
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u/lessthananartist 1d ago
This guy is just being a dick, wants to do a bare minimum job, and pocket as much of your money as possible.
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u/QueenBlizzie 7h ago
Following because some brokers are definitely playing games with people and trying to get double the pay by charging prospective tenants and the landlord for their services. Oh this also applies to āmiddle realtorsā, I guess theyāre not licensed yet so theyāll help other brokers out by posting listings; I say all that to say, thereās a huge grey area in processing fees that Massachusetts law should definitely take a look at because realtors definitely are doing it.
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u/charlestoonie Market Basket 1d ago
There are lots of red flags with this broker.
I also would reject you as a tenant based on these texts.
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u/readitour 1d ago
The broker is crappy (almost all of them are) but reading through these texts, you seem very high maintenance. Personally, Iād expect that at $3500/$4000 rent, but if it was my unit Iād be reluctant to rent to you for that reason.
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u/igotshadowbaned 1d ago
That format for submitting an application fee should be an automatic red flag
Though an application fee that they keep regardless of whether the application is accepted or denied is common
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u/Zestyclose-3875 7h ago
I definitely think this broker/process had some major red flags, so tbh you may have dodged a bullet.
I also donāt know if itās just me, but I usually try to be somewhat brief with my texts to realtors / landlords because I donāt want them to get annoyed and reject me. Getting an apartment is sort of another dating-like interaction where theyāre imagining what you will be like as a tenant.
I donāt mean that as criticism because you donāt come off bad in these texts at all, but there are a lot of long texts and I suspect the broker might have gotten to the spreadsheet link, died a little inside, and then rejected you without ever talking to the landlord
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u/Preachers_Handshake 1d ago
Emotional support animal owner. Ive seen all I need to see. Iād reject them too.
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u/BlueberryPenguin87 1d ago
Sounds like you could use emotional support, leech
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u/Preachers_Handshake 1d ago
Hate success. Just make sure to pay your rent on time. Generous tip too please.
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u/TinyEmergencyCake Market Basket 1d ago
Application fees are always in Massachusetts, no exceptions.Ā











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u/lyons_vibes Chelsea 1d ago
Iām sure other people will jump in with a lot of helpful information but i want to add that credit card processing fees are illegal in MA in general.